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A 


M A N IT  A L 

OF 

PARLIAMENTARY  PRACTICE: 

COMPOSED  ORIGINALLY  FOR  THE  USE  OF 

dbjjc  Irnatu  nf  ttjf  State. 

v 

BY  THOMAS  JEFFERSON 

WITH  REFERENCES  TO  THE  PRACTICE  AND  RULES  OF 

THE  HOUSE  OF  REPRESENTATIVES. 


THE  WHOLE  BROUGHT  DOWN  TO 
THE  PRACTICE  OF  THE  PRESENT  TIME; 

TO  WHICH  ARE  ADDED 

THE  RULES  AND  ORDERS,  TOGETHER  WITH  THE  JOINT 
RULES  OF  BOTH  HOUSES  OF  CONGRESS. 

AND  ACCOMPANIED  WITH 

COPIOUS  INDICES. 


PHILADELPHIA: 
HOGAN  AND  THOMPSON. 
1 8 50. 


Entered,  according  to  the  Act  of  Congress,  in  the  year  1840,  by 
HOGAN  & THOMPSON, 

in  the  Clerk’s  office  of  the  District  Court  of  the  United  States,  lor 
the  Eastern  District  of  Pennsylvania. 


TABLE  OF  CONTENTS 


SEC. 

1.  Rules,  importance  of Page  13 

2.  Legislature 14 

3.  Privilege 15 

4.  Elections 22 

5.  Qualifications  23 

6.  Quorum 26 

7.  Call  of  the  House 27 

8.  Absence 27 

9.  Speaker 28 

10.  Address 29 

11.  Committees 30 

12.  Committee  of  the  Whole 31 

13.  Examination  of  Witnesses 33 

14.  Arrangement  of  Business 35 

15.  Order 37 

16.  Order  respecting  Papers 37 

17.  Order  in  Debate 38 

18.  Orders  of  the  House 45 

19.  Petitions 47 

20.  Motions 48 

21.  Resolutions  49 

22.  Bills,  Reading 49 

23.  “ Leave  to  bring  in 50 

24.  “ First  Reading 50 

25.  “ Second  Reading 51 

(iii) 


TABLE  OP  CONTENTS, 


iv 

SEC. 

26.  Bills,  Commitment Page  52 

27.  “ Report  of  Committee 56 

28.  “ Re-commitment 57 

29.  “ Report  taken  up 57 

30.  “ Quasi-Committee 58 

31.  “ Second  Reading  in  the  House 60 

32.  “ Reading  Papers 62 

33.  “ Privileged  Questions 63 

34.  “ Previous  Question 72 

35.  “ Amendments 75 

36.  “ Division  of  the  Question. 79 

37.  “ Co-existing  Questions 81 

38.  “ Equivalent  Questions 82 

39.  “ The  Question 84 

40.  “ Third  Reading 84 

41.  “ Division  of  the  House 87 

42.  “ Title 92 

43.  Reconsideration 92 

44.  Bills  sent  to  the  other  House 95 

45.  Amendments  between  the  Houses 95 

46.  Conferences 98 

47.  Messages 101 

48.  Assent 103 

49.  Journals 104 

50.  Adjournment 106 

51.  Session 107 

52.  Treaties 109 

53.  Impeachment 112 

Rules  and  Orders  of  the  Senate 121 

Rules  and  Orders  of  the  House 135 

Joint  Rules  and  Orders 165 

Index  to  Jefferson’s  Manual 171 

Index  to  Senate  Rules 181 


Index  to  Rules  of  the  House  of  Representatives  and  Joint  Rules  187 


MR.  JEFFERSON’S  PREFACE, 


The  Constitution  of  the  United  States,  establishing  a legislature 
for  the  Union  under  certain  forms,  authorizes  each  branch  of  it  “ to 
determine  the  rules  of  its  own  proceedings.”  The  Senate  have 
accordingly  formed  some  rules  for  its  own  government : but  those 
going  only  to  few  cases,  they  have  referred  to  the  decision  of  their 
President,  without  debate  and  without  appeal,  all  questions  of 
order  arising  either  under  their  own  rules,  or,  where  they  have 
provided  none.  This  places  under  the  discretion  of  the  President 
a very  extensive  field  of  decision,  and  one  which,  irregularly  ex- 
ercised, would  have  a powerful  effect  on  the  proceedings  and 
determinations  of  the  House.  The  President  must  feel,  weightily 
and  seriously,  this  confidence  in  his  discretion  ; and  the  necessity 
of  recurring,  for  its  government,  to  some  known  system  of  rules, 
that  he  may  neither  leave  himself  free  to  indulge  caprice  or  pas- 
sion, nor  open  to  the  imputation  of  them.  But  to  what  system  of 
rules  is  he  to  recur,  as  supplementary  to  those  of  the  Senate  1 To 
this  there  can  be  but  one  answer  : to  the  systems  of  regulations 
adopted  for  the  government  of  some  one  of  the  parliamentary 
bodies  within  these  States,  or  of  that  which  has  served  as  a proto- 
type to  most  of  them.  This  last  is  the  model  which  we  have 
studied  ; while  we  are  little  acquainted  with  the  modifications  of 
it  in  our  several  States.  It  is  deposited,  too,  in  publications  pos- 
sessed by  many,  and  open  to  all.  Its  rules  are  probably  as  wisely 
constructed  for  governing  the  debates  of  a considerative  body,  and 
obtaining  its  true  sense,  as  any  which  can  become  known  to  us ; 
and  the  acquiescence  of  the  Senate  hitherto  under  the  references 
to  them,  has  given  them  the  sanction  of  their  approbation. 

Considering,  therefore,  the  law  of  proceedings  in  the  Senate  as 
composed  of  the  precepts  of  the  Constitution,  the  regulations  of  the 

(v) 


VI 


PREFACE. 


Senate,  and  where  these  are  silent,  of  the  rules  of  Parliament,  I 
have  here  endeavoured  to  collect  and  digest  so  much  of  these  as 
is  called  for  in  ordinary  practice,  collating  the  parliamentary  with 
the  senatorial  rules,  both  where  they  agree  and  where  they  vary. 
I have  done  this,  as  well  to  have  them  at  hand  for  my  own  govern- 
ment, as  to  deposite  with  the  Senate,  the  standard  by  which  I 
judge  and  am  willing  to  be  judged.  I could  not  doubt  the  neces- 
sity of  quoting  the  sources  of  my  information ; among  which,  Mr. 
Hatsel’s  most  valuable  book  is  pre-eminent ; but  as  he  has  only 
treated  some  general  heads,  I have  been  obliged  to  recur  to  other 
authorities,  in  support  of  a number  of  common  rules  of  practice 
to  which  his  plan  did  not  descend.  Sometimes  each  authority 
cited  supports  the  whole  passage.  Sometimes  it  rests  on  all  taken 
together.  Sometimes  the  authority  goes  only  to  a part  of  the 
text,  the  residue  being  inferred  from  known  rules  and  principles. 
For  some  of  the  most  familiar  forms,  no  written  authority  is,  or 
can  be  quoted ; no  writer  having  supposed  it  necessary  to  repeat 
what  all  were  presumed  to  know.  The  statement  of  these  must 
rest  on  their  notoriety. 

I am  aware,  that  authorities  can  often  be  produced  in  opposition 
to  the  rules  which  I lay  down  as  parliamentary.  An  attention  to 
dates  will  generally  remove  their  weight.  The  proceedings  of 
Parliament  in  ancient  times,  and  for  a long  while,  were  crude, 
multiform,  and  embarrassing.  They  have  been,  however,  con- 
stantly advancing  towards  uniformity  and  accuracy;  and  have  now 
obtained  a degree  of  aptitude  to  their  object,  beyond  which  little 
is  to  be  desired  or  expected. 

Yet  I am  far  from  the  presumption  of  believing,  that  I may  not 
have  mistaken  the  parliamentary  practice  in  some  cases;  and  es- 
pecially in  those  minor  forms,  which,  being  practised  daily,  are 
supposed  known  to  every  body,  and  therefore  have  not  been  com- 
mitted to  writing.  Our  resources  in  this  quarter  of  the  globe,  for 
obtaining  information  on  that  part  of  the  subject,  are  not  perfect- 
But  I have  begun  a sketch,  which  those  who  come  after  me  will 
successively  correct  and  fill  up,  till  a code  of  rules  shall  be  formed 
for  the  use  of  the  Senate,  the  effects  of  which  may  be  accuracy 
in  business,  economy  of  time,  order,  uniformity  and  impartiality. 


JEFFERSON’S  MANUAL 


NOTICE. 

The  Rules  and  practices  peculiar  to  both  the  Senate  and  House  of 
Representatives,  are  printed  in  smaller  type. 


(*) 


MANUAL 


OF 

PARLIAMENTARY  PRACTICE. 


IMPORTANCE  OF  RULES. 


SECTION  I. 

THE  IMPORTANCE  OF  ADHERING  TO  RULES. 

Mr.  Onslow,  the  ablest  among  the  Speakers  of  the 
House  of  Commons,  used  to  say,  “ It  was  a maxim  he 
had  often  heard  when  he  was  a young  man,  from  old 
and  experienced  members,  that  nothing  tended  more 
to  throw  power  into  the  hands  of  administration  and 
those  who  acted  with  the  majority  of  the  House  of 
Commons,  than  a neglect  of,  or  departure  from,  the 
rules  of  proceeding ; that  these  forms,  as  instituted 
by  our  ancestors,  operated  as  a check,  and  control, 
on  the  actions  of  the  majority;  and  that  they  were, 
in  many  instances,  a shelter  and  protection  to  the 
minority,  against  the  attempts  of  power.” 

So  far  the  maxim  is  certainly  true,  and  is  founded 
in  good  sense,  that  as  it  is  always  in  the  power  of  the 
majority,  by  their  numbers,  to  stop  any  improper 
measures  proposed  on  the  part  of  their  opponents, 
1 * (13) 


14 


LEGISLATURE. 


the  only  weapons  by  which  the  minority  can  defend 
themselves  against  similar  attempts  from  those  in 
power,  are  the  forms  and  rules  of  proceeding,  which 
have  been  adopted  as  they  were  found  necessary  from 
time  to  time,  and  are  become  the  law  of  the  house ; by 
a strict  adherence  to  which,  the  weaker  party  can  only 
be  protected  from  those  irregularities  and  abuses 
which  these  forms  were  intended  to  check,  and  which 
the  wantonness  of  power  is  but  too  often  apt  to  suggest 
to  large  and  successful  majorities. — 2 Hats.  171,  172. 

And  whether  these  forms  be  in  all  cases  the  most 
rational  or  not,  is  really  not  of  so  great  importance. 
It  is  much  more  material  that  there  should  be  a rule 
to  go  by,  than  what  that  rule  is ; that  there  may  be  a 
uniformity  of  proceeding  in  business,  not  subject  to 
the  caprice  of  the  Speaker,  or  captiousness  of  the 
members.  It  is  very  material  that  order,  decency, 
and  regularity  be  preserved  in  a dignified  public  body. 
• — 2 Hats.  149. 


SECTION  II. 

LEGISLATURE. 

All  legislative  powers  herein  granted  shall  be  vested  in  a Congress 
of  the  United  States,  which  shall  consist  of  a Senate  and  House  of 
Representatives.  — Constitution  of  the  United  States,  Article  I.,  Sec- 
tion 1. 

The  Senators  and  Representatives  shall  receive  a compensation  for 
their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 
of  the  United  States. — Const.  U.  S.,  Art.  I.  Sect.  6. 

For  the  powers  of  Congress,  see  the  following  Articles  and  Sections 
of  the  Constitution  of  the  United  States : — Art.  I.,  Sec.  4,  7,  8,  9. — 
Art.  II.,  Sec.  1,  2. — Art.  III.,  Sec.  3. — Art.  IV.,  Sec.  1,  3,  5. — And  all 
the  Amendments. 


PRIVILEGE. 


15 


SECTION  III. 

PRIVILEGE. 

The  privileges  of  the  members  of  Parliament,  from 
small  and  obscure  beginnings,  have  been  advancing 
for  centuries,  with  a firm  and  never-yielding  pace. 
Claims  seem  to  have  been  brought  forward  from  time 
to  time,  and  repeated  till  some  example  of  their  ad- 
mission enabled  them  to  build  law  on  that  example. 
We  can  only,  therefore,  state  the  point  of  progression 
at  which  they  now  are.  It  is  now  acknowledged,  1st, 
That  they  are  at  all  times  exempted  from  question 
elsewhere,  for  any  thing  said  in  their  own  house : that 
during  the  time  of  privilege,  2d,  Neither  a member 
himself,  his  wife,*  or  his  servants,  [familiar es  sui\ 
for  any  matter  of  their  own,  may  bef  arrested  on  mesne 
process,  in  any  civil  suit:  3d,  Nor  be  detained  under 
execution,  though  levied  before  the  time  of  privilege : 
4th,  Nor  impleaded,  cited,  or  subpoenaed,  in  any  court : 
5th,  Nor  summoned  as  a witness  or  juror:  6th,  Nor 
may  their  lands  or  goods  be  distrained:  7th,  Northern 
persons  assaulted,  or  characters  traduced.  And  the 
period  of  time,  covered  by  privilege,  before  and  after 
the  session,  wTith  the  practice  of  short  prorogations 
under  the  connivance  of  the  Crown,  amounts  in  fact 
to  a perpetual  protection  against  the  course  of  justice. 
In  one  instance,  indeed,  it  has  been  relaxed  by  10  6r. 
3,  c.  50,  which  permits  judiciary  proceedings  to  go 
on  against  them.  That  these  privileges  must  be  con- 
tinually progressive,  seems  to  result  from  their  reject- 
ing all  definition  of  them ; the  doctrine  being,  that 
“ their  dignity  and  independence  are  preserved  by 


* Order  of  the  House  of  Commons,  1663,  July  16. 
t Elsynge,  217;  I Hats.  21 ; 1 Grey’s  Deb.  133. 


16 


PRIVILEGE. 


keeping  their  privileges  indefinite;”  and  that  “the 
maxims  upon  which  they  proceed,  together  with  the 
method  of  proceeding,  rest  entirely  in  their  own 
breast,  and  are  not  defined  and  ascertained  by  any 
particular  stated  laws.” — 1 BlacJcstone,  163,  164. 

It  was  probably  from  this  view  of  the  encroaching  character  of  pri- 
vilege, that  the  framers  of  our  Constitution,  in  their  care  to  provide 
that  the  laws  shall  bind  equally  on  all,  and  especially  that  those  who 
make  them  shall  not  be  exempt  themselves  from  their  operation,  have 
only  privileged  “ Senators  and  Representatives”  themselves  from  the 
single  act  of  arrest  in  all  cases  except  treason,  felony,  and  breach  of 
the  peace,  during  their  attendance  at  the  session  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same,  and  from  being 
questioned  in  any  other  place  for  any  speech  or  debate  in  either 
House. — Const.  U.  S.  Art.  I.  Sec.  6.  Under  the  general  authority  “to 
make  all  laws  necessary  and  proper  for  carrying  into  execution  the 
powers  given  them,”  Const.  U.  S.  Art.  II.  Sec.  8,  they  may  provide  by 
law  the  details  which  may  be  necessary  for  giving  full  effect  to  the  en- 
joyment of  this  privilege.  No  such  law  being  as  yet  made,  it  seems 
to  stand  at  present  on  the  following  ground  : — 1.  The  act  of  arrest  is 
void,  ah  initio,  2 Stra.  989.  — 2.  The  member  arrested  may  be  dis- 
charged on  motion,  1 Bl.  166.  2.  Stra.  990  ; or  by  Habeas  Corpus  under 
the  Federal  or  State  authority,  as  the  case  may  be ; or  by  a writ  of 
privilege  out  of  the  Chancery,  2 Stra.  989,  in  those  States  which  have 
adopted  that  part  of  the  laws  of  England.  — Orders  of  the  House  of 
Com.  1550,  Feb.  20. — 3.  The  arrest  being  unlawful,  is  a trespass  for 
which  the  officer  and  others  concerned  are  liable  to  action  or  indict- 
ment in  the  ordinary  courts  of  justice,  as  in  other  cases  of  unauthorized 
arrest. — 4.  The  court  before  which  the  process  is  returnable,  is  bound 
to  act  as  in  other  cases  of  unauthorized  proceeding,  and  liable  also,  as 
in  other  similar  cases,  to  have  their  proceedings  stayed  or  corrected 
by  the  Superior  Courts. 

The  time  necessary  for  going  to  and  returning  from  Congress  not 
being  defined,  it  will  of  course  be  judged  of  in  every  particular  case 
by  those  who  will  have  to  decide  the  case. 


PRIVILEGE. 


17 


While  privilege  was  understood  in  England  to  ex- 
tend, as  it  does  here,  only  to  exemption  from  arrest 
eundo,  morando , et  redeundo , the  House  of  Commons 
themselves  decided  that  “ a convenient  time  was  to 
be  understood.” — 1580 — 1 Hats.  99, 100.  Nor  is  the 
law  so  strict  in  point  of  time  as  to  require  the  party 
to  set  out  immediately  on  his  return,  but  allows  him 
time  to  settle  his  private  affairs,  and  to  prepare  for 
his  journey;  and  does  not  even  scan  his  road  very 
nicely,  nor  forfeit  his  protection  for  a little  deviation 
from  that  which  is  most  direct ; some  necessity  per- 
haps constraining  him  to  it. — 2 Stra.  986,  987. 

This  privilege  from  arrest,  privileges  of  course 
against  all  process,  the  disobedience  to  which  is  pu- 
nishable by  an  attachment  of  the  person ; as  a subpoena 
ad  respondendum,  or  testificandum,  or  a summons  on 
a jury;  and  with  reason,  because  a member  has  supe- 
rior duties  to  perform  in  another  place. 

When  a Representative  is  withdrawn  from  his  seat  by  summons, 
the  47,700  people  whom  he  represents  lose  their  voice  in  debate  and 
vote,  as  they  do  in  his  voluntary  absence : when  a Senator  is  with- 
drawn by  summons,  his  State  loses  half  its  voice  in  debate  and  vote, 
as  it  does  in  his  voluntary  absence.  The  enormous  disparity  of  evil 
admits  no  comparison. 

So  far  there  will  probably  be  no  difference  of  opinion  as  to  the  pri- 
vileges of  the  two  Houses  of  Congress ; but  in  the  following  cases  it 
is  otherwise.  In  Dec.  1795,  the  House  of  Representatives  committed 
two  persons  of  the  names  of  Randall  and  Whitney,  for  attempting  to 
corrupt  the  integrity  of  certain  members,  which  they  considered  as  a 
contempt  and  breach  of  the  privileges  of  the  House  : and  the  facts 
being  proved,  Whitney  was  detained  in  confinement  a fortnight,  and 
Randall  three  weeks,  and  was  reprimanded  by  the  Speaker.  In  March, 
1796,  the  House  of  Representatives  voted  a challenge  given  to  a mem- 
ber of  their  House,  to  be-a  breach  of  the  privileges  of  the  House  ; but 
satisfactory  apologies  and  acknowledgments  being  made,  no  further 


18 


PRIVILEGE. 


proceedings  were  had.  The  Editor  of  the  Aurora  having  in  his 
paper  of  Feb.  19,  1800,  inserted  some  paragraphs  defamatory  to  the 
Senate,  and  failed  in  his  appearance,  he  was  ordered  to  be  committed. 
In  debating  the  legality  of  this  order,  it  was  insisted  in  support  of  it, 
that  every  man,  by  the  law  of  nature,  and  every  body  of  men,  possesses 
the  right  of  self-defence ; that  all  public  functionaries  are  essentially 
invested  with  the  powers  of  self-preservation;  that  they  have  an  inhe- 
rent right  to  do  all  acts  necessary  to  keep  themselves  in  a condition 
to  discharge  the  trusts  confided  to  them ; that  whenever  authorities 
are  given,  the  means  of  carrying  them  into  execution  are  given  by 
necessary  implication  ; that  thus  we  see  the  British  Parliament  exer- 
cise the  right  of  punishing  contempts ; all  the  State  Legislatures  ex- 
ercise the  same  power ; and  every  Court  does  the  same ; that  if  we 
have  it  not,  we  sit  at  the  mercy  of  every  intruder  who  may  enter  out- 
doors or  gallery,  and  by  noise  and  tumult  render  proceeding  in  business 
impracticable  ; that  if  our  tranquillity  is  to  be  perpetually  disturbed  by 
newspaper  defamation,  it  will  not  be  possible  to  exercise  our  functions 
with  the  requisite  coolness  and  deliberation;  and  that  we  must  there- 
fore have  a power  to  punish  these  disturbers  of  our  peace  and  proceed- 
ings. To  this  it  was  answered,  that  the  Parliament  and  Courts  of 
England  have  cognizance  of  contempts  by  the  express  provisions  of 
their  law ; that  the  State  Legislatures  have  equal  authority,  because 
their  powers  are  plenary ; they  represent  their  constituents  completely, 
and  possess  all  their  powers,  except  such  as  their  Constitutions  have 
expressly  denied  them ; that  the  Courts  of  the  several  States  have  the 
same  powers  by  the  laws  of  their  States,  and  those  of  the  Federal 
Government  by  the  same  State  laws,  adopted  in  each  State  by  a law  of 
Congress;  that  none  of  these  bodies,  therefore,  derive  those  powers 
from  natural  or  necessary  right,  but  from  express  law ; that  Congress 
have  no  such  natural  or  necessary  power,  nor  anjT  powers  but  such  as 
are  given  them  by  the  Constitution  ; that  that  has  given  them  directly 
exemption  from  personal  arrest,  exemption  from  question  elsewhere  for 
what  is  said  in  the  House,  and  power  over  their  own  members  and 
proceedings ; for  these,  no  further  law  is  necessary,  the  Constitution 
being  the  law;  that,  moreover,  by  that  article  of  the  Constitution 
which  authorizes  them  “ to  make  all  laws  necessary  and  proper  for 


PRIVILEGE. 


19 


carrying  into  execution  the  powers  vested  by  the  Constitution  in 
them,”  they  may  provide  by  law  for  an  undisturbed  exercise  of  their 
functions,  e.  g.  for  the  punishment  of  contempts,  of  affrays  or  tumults 
in  their  presence,  &c. ; but,  till  the  law  be  made,  it  does  not  exist ; and 
does  not  exist,  from  their  own  neglect ; that  in  the  meantime,  however, 
they  are  not  unprotected,  the  ordinary  magistrates  and  courts  of  law 
being  open  and  competent  to  punish  all  unjustifiable  disturbances  or 
defamations,  and  even  their  own  sergeant,  who  may  appoint  deputies 
ad  libitum  to  aid  him,  3 Grey , 59,  147,  255,  is  equal  to  the  smallest 
disturbances ; that,  in  requiring  a previous  law,  the  Constitution  had 
regard  to  the  inviolability  of  the  citizen  as  well  as  of  the  member ; as, 
should  one  House,  in  the  regular  form  of  a bill,  aim  at  too  broad  privi- 
leges, it  may  be  checked  by  the  other,  and  both  by  the  President ; and 
also  as,  the  law  being  promulgated,  the  citizen  will  know  how  to 
avoid  offence.  But  if  one  branch  may  assume  its  own  privileges  with- 
out control ; if  it  may  do  it  on  the  spur  of  the  occasion,  conceal  the 
law  in  its  own  breast,  and  after  the  fact  committed  make  its  sen- 
tence both  the  law  and  the  judgment  on  that  fact;  if  the  offence  is  to 
be  kept  undefined,  and  to  be  declared  only  ex  re  nata,  and  according 
to  the  passions  of  the  moment,  and  there  be  no  limitation  either  in  the 
manner  or  measure  of  the  punishment,  the  condition  of  the  citizen 
will  be  perilous  indeed.  Which  of  these  doctrines  is  to  prevail,  time 
will  decide.  Where  there  is  no  fixed  law,  the  judgment  on  any  parti- 
cular case  is  the  law  of  that  single  case  only,  and  dies  with  it.  When 
a new  and  even  a similar  case  arises,  the  judgment  which  is  to  make, 
and  at  the  same  time  apply,  the  law,  is  open  to  question  and  conside- 
ration, as  are  all  new  laws.  Perhaps  Congress,  in  the  meantime,  in 
their  care  for  the  safety  of  the  citizens,  as  well  as  that  for  their  own 
protection,  may  declare  by  law  what  is  necessary  and  proper  to  enable 
them  to  carry  into  execution  the  powers  vested  in  them,  and  thereby 
hang  up  a rule  for  the  inspection  of  all,  which  may  direct  the  conduct 
of  the  citizen,  and  at  the  same  time  test  the  judgments  they  shall 
themselves  pronounce  in  their  own  case. 


Privilege  from  arrest  takes  place  by  force  of  the 
election ; and  before  a return  be  made,  a member 


20 


PRIVILEGE. 


elected  may  be  named  of  a committee,  and  is  to  every 
intent  a member,  except  that  he  cannot  vote  until  he 
is  sworn. — Memor.  107,  108 — I)' Hives,  642.  col.  2. 
653.  col.  1. — Pet.  Miscel.  Pari.  119 ; Lex.  Pari.  c.  23 ; 
2 Hats.  22.  62. 

Every  man  must,  at  his  peril,  take  notice  who  are 
members  of  either  House  returned  of  record.  — Lex. 
Pari.  23,  4 — Inst.  24. 

On  complaint  of  a breach  of  privilege,  the  party 
may  either  be  summoned,  or  sent  for  in  custody  of  the 
sergeant. — 1 Grey,  88.  95. 

The  privilege  of  a member  is  the  privilege  of  the 
House.  If  the  member  waive  it  without  leave,  it  is  a 
ground  for  punishing  him,  but  cannot  in  effect  waive 
the  privilege  of  the  House. — 3 Grey,  140.  222. 

For  any  speech  or  debate  in  either  House,  they 
shall  not  be  questioned  in  any  other  place. — Const. 
U.  S.,  Art.  I.  Sec.  6.  S.  P.  protest  of  Commons  to 
James  I.  1621.  2 Papin.  No.  54.  p.  211,  212.  But 

this  is  restrained  to  things  done  in  the  House  in  a 
Parliamentary  course,  1 Rush,  663. — For  he  is  not  to 
have  privilege  contra  morem  parliamentarium,  to  ex- 
ceed the  bounds  and  limits  of  his  place  and  duty. — 
Com.  p. 

If  an  offence  be  committed  by  a member  in  the 
House,  of  wdiich  the  House  has  cognizance,  it  is 
an  infringement  of  their  right  for  any  pei’son  or 
court  to  take  notice  of  it,  till  the  House  has  punished 
the  offender,  or  referred  him  to  a due  course.  — Lex. 
Pari.  63. 

Privilege  is  in  the  power  of  the  House,  and  is  a re- 
straint to  the  proceeding  of  inferior  courts  ; but  not  of 
the  House  itself. — 2 Nalson,  450  ; 2 Grey,  399.  For 
whatever  is  spoken  in  the  House,  is  subject  to  the  cen- 
sure of  the  House : and  offences  of  this  kind  have  been 
severely  punished,  by  calling  the  person  to  the  bar  to 


PRIVILEGE. 


21 


make  submission,  committing  him  to  the  Tower,  ex- 
pelling the  House,  &c. — Scob.  72;  Lex.  Pari.  c.  22. 

It  is  a breach  of  order,  for  the  Speaker  to  refuse  to 
put  a question  which  is  in  order. — 2 Hats.  175,  176  ; 
5 G-rey , 133. 

And  even  in  cases  of  treason,  felony,  and  breach  of 
the  peace,  to  which  privilege  does  not  extend  as  to 
substance  ; yet,  in  Parliament,  a member  is  privileged 
as  to  the  mode  of  proceeding.  The  case  is  first  to  be 
laid  before  the  House,  that  it  may  judge  of  the  fact, 
and  of  the  grounds  of  the  accusation,  and  how  far  forth 
the  manner  of  the  trial  may  concern  their  pi’ivilege. 
Otherwise  it  would  be  in  the  power  of  other  branches 
of  the  government,  and  even  of  every  private  man, 
under  pretences  of  treason,  &c.,  to  take  any  man  from 
his  service  in  the  House ; and  so  as  many,  one  after 
another,  as  would  make  the  House  what  he  pleaseth. — 
Decision  of  the  Commons  on  the  King's  declaring  Sir 
John  Hotham  a traitor — 4 Rushw.  586.  So  when  a 
member  stood  indicted  of  felony,  it  was  adjudged  that 
he  ought  to  remain  of  the  House  till  conviction.  For 
it  may  be  any  man’s  case,  who  is  guiltless,  to  be  ac- 
cused and  indicted  of  felony,  or  the  like  crime. — 23 
El.  1580 — D’Eives,  283,  col.  1 — Lex.  Pari.  133. 

When  it  is  found  necessary  for  the  public  service  to 
put  a member  under  arrest,  or  when,  on  any  public 
inquiry,  matter  comes  out  which  may  lead  to  affect 
the  person  of  a member,  it  is  the  practice  immediately 
to  acquaint  the  House,  that  they  may  know  the  rea- 
sons for  such  a proceeding,  and  take  such  steps  as  they 
think  proper. — 2 Hats.  259.  Of  which,  see  many  ex- 
amples.— 2 Hats.  256,  257,  258.  But  the  communi- 
cation is  subsequent  to  the  arrest. — 1 Blachst.  167. 

It  is  highly  expedient,  says  Hatsell,  for  the  due  pre- 
servation of  the  privileges  of  the  separate  branches  of 
the  Legislature,  that  neither  should  encroach  on  the 
other,  or  interfere  in  any  matter  depending  before 


22 


ELECTIONS. 


them,  so  as  to  preclude,  or  even  influence,  that  free- 
dom of  debate,  which  is  essential  to  a free  council. 
They  are,  therefore,  not  to  take  notice  of  any  bills  or 
other  matters  depending,  or  of  votes  that  have  been 
given,  or  of  speeches  that  have  been  held,  by  the 
members  of  either  of  the  other  branches  of  the  Legis- 
lature, until  the  same  have  been  communicated  to 
them  in  the  usual  Parliamentary  manner. — 2 Hats. 
252;  4 Inst.  15;  Seld.Jud.  53.  Thus  the  King’s  taking 
notice  of  the  bill  for  suppressing  soldiers  depending 
before  the  House,  his  proposing  a provisional  clause 
for  a bill  before  it  was  presented  to  him  by  the  two 
Houses,  his  expressing  displeasure  against  some  per- 
sons for  matters  moved  in  Parliament  during  the  de- 
bate and  preparation  of  a bill,  were  breaches  of  pri- 
vilege.— 2 Nalson,  743.  And  in  1783,  December  17, 
it  was  declared  a breach  of  fundamental  privileges, 
&c.,  to  report  any  opinion  or  pretended  opinion  of  the 
King,  on  any  bill  or  proceeding  depending  in  either 
House  of  Parliament,  with  a view  to  influence  the 
votes  of  the  members. — 2 Hats.  251,  6. 


SECTION  IV. 

ELECTIONS. 

The  times,  places,  and  manner  of  holding'  elections  for  Senators 
and  Representatives,  shall  be  prescribed  in  each  State  by  the  Legis- 
lature thereof ; but  the  Congress  may  at  any  time  by  law  make  or 
alter  such  regulations,  except  as  to  the  place  of  choosing  Senators.-— 
Const.  U.  S.  Art.  I.  Sect.  4. 

Each  House  shall  be  the  judge  of  the  elections,  returns,  and  quali- 
fications of  its  own  members. — Const.  U.  S.  Art.  I.  Sec.  5. 


QUALIFICATIONS. 


23 


SECTION  Y. 

QUALIFICATIONS. 

The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legis- 
lature thereof,  for  six  years ; and  each  Senator  shall 
have  one  vote. 

Immediately  after  they  shall  be  assembled,  in  con- 
sequence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
end  of  the  second  year ; of  the  second  class,  at  the 
expiration  of  the  fourth  year ; and  of  the  third  class, 
at  the  expiration  of  the  sixth  year ; so  that  one-third 
may  be  chosen  every  second  year ; and  if  vacancies 
happen,  by  resignation  or  otherwise,  during  the  re- 
cess of  the  Legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  appointments,  until  the 
next  meeting  of  the  Legislature  ; which  shall  then  fill 
such  vacancies. 

No  person  shall  be  a Senator,  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine 
years  a citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. — Const.  U.  S.,  Art.  I.  Sec.  3. 

The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people 
of  the  several  States ; and  the  Electors  in  each  State 
shall  have  the  qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  State  Legislature. 

No  person  shall  be  a Representative,  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and 
been  seven  years  a citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen. 


24 


QUALIFICATIONS. 


Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  in- 
cluded within  this  Union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound 
to  service  for  a term  of  years,  and  excluding  Indians 
not  taxed,  three-fifths  of  all  other  persons.  The  actual 
enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States, 
and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  num- 
ber of  Representatives  shall  not  exceed  one  for  every 
thirty  thousand ; but  each  State  shall  have  at  least 
one  Representative. — Const.  U.  S.,  Art.  I.  Sec.  2. 

The  provisional  apportionments  of  Representatives  made  in  the 
Constitution  in  1787,  and  afterwards  by  Congress,  were  as  follows; 


QUALIFICATIONS, 


25 


STATES. 

1787 

(a) 

1730 

w 

1800  ! 1810 

(«)  ! W 

1820 

W 

1830 

(/) 

1840 

(g) 

Maine  (A)  

0 

0 

0 

0 

7 

8 

7 

New  Hampshire 

3 

4 

5 

6 

6 

5 

4 

Massachusetts 

8 

14 

17 

20 

13 

12 

10 

Rhode  Island  

1 

2 

2 

2 

2 

2 

2 

Connecticut 

5 

7 

7 

7 

6 

6 

4 

Vermont 

0 

o 

4 

0 

5 

5 

4 

New  York 

6 

10 

17 

27 

34 

40 

34 

New  Jersey 

4 

5 

6 

6 

6 

6 

5 

Pennsylvania  

8 

13 

18 

23 

2U 

28 

24 

Delaware 

1 

1 

1 

o 

1 

1 

1 

Maryland 

6 

8 

9 

9 

9 

8 

6 

Virginia  

10 

19 

22 

28 

22 

21 

15 

North  Carolina 

5 

10 

12 

13 

13 

13 

9 

South  Carolina 

5 

6 

8 

9 

9 

9 

7 

Georgia 

3 

2 

4 

6 

7 

9 

8 

Kentucky  

0 

2 

6 

10 

12 

13 

10 

Tennessee  (i)  • 

0 

0 

3 

6 

9 

13 

11 

Ohio  (/„•)  

0 

0 

0 

6 

14 

19 

21 

Louisiana  (Z) 

0 

0 

0 

0 

3 

3 

4 

Indiana  (m) 

0 

0 

0 

0 

3 

7 

10 

Mississippi  ( n ) 

0 

0 

0 

0 

1 

2 

4 

Illinois  ( o ) 

0 

0 

0 

0 

1 

3 

7 

Alabama  (p) 

0 

0 

0 

0 

3 

5 

7 

Missouri  (q)  

0 

0 

0 

0 

0 

2 

5 

Michigan  (r)  

0 

0 

0 

0 

0 

0 

3 

Arkansas  (s)  

0 

0 

0 

0 

0 

0 

2 

Florida  ( t ) 

0 

0 

0 

0 

0 

0 

1 

Texas  (it)' 

0 

0 

0 

0 

0 

0 

2 

Iowa  (»)  

0 

0 

0 

0 

0 

0 

2 

Wisconsin  (w)  . . 

0 

0 

0 

0 

0 

0 

2 

(a)  As  per  constitution. 

(b)  As  per  act  of  April  14,  1792,  one  Representative  for  33,000,  first  census. 

(c)  As  per  act  of  January  14, 1802,  one  Representative  for  33,000,  second  census. 

(d)  As  per  act  of  December  21.  1811,  one  Representative  for  35,000,  third  census. 

(e)  As  per  act  of  March  7,  1822,  one  Representative  for  40,000,  fourth  census. 
(/)  As  per  act  of  May  22,  1832,  one  Representative  for  47.700,  fifth  census. 

(g)  As  per  act  of  1842,  one  Representative  lor  70,680,  sixth  census. 

(h.)  Previous  to  the  3d  of  March,  1820,  Maine  formed  a part  of  Massachusetts, 
and  was  called  the  district  of  Maine , and  its  Representatives  are  numbered  with 
those  ot  Massachusetts.  By  compact  between  Maine  and  Massachusetts,  Maine 
became  a separate  and  independent  state,  and  by  act  of  Congress  of  3d  March, 
1820.  was  admitted  into  the  Union  as  such:  the  admission  to  take  place  on  the 
15th  of  the  same  month.  On  the  7th  of  April,  1820,  Maine  was  declared  entitled 
to  seven  Representatives,  to  he  taken  from  those  of  Massachusetts. 

(i)  Admitted  under  act  of  Congress  of  June  1,  1796,  with  one  Representative. 

“ “ April  30.  1802, 

April  8,  1812, 

December  11,  1816,  “ “ 

December  10,  1817,  “ “ 

December  3,  1818,  “ “ 

December  14, 1819,  “ “ 

March  2,  1821,  “ “ 

January  26,  1837,  44  “ 

June  15,  1837, 

March  3,  1845, 

March  1, 1845, with  two  Representatives. 
December,  1846,  44  “ 

1848,  “ “ 


% 

h 

lr ) 
<(? 


26 


QUORUM. 


When  vacancies  happen  in  the  representation  from  any  State,  the 
Executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. — Const.  U.  S.  Art.  I.  Sec.  2. 

No  Senator  or  Representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time;  and  no  person 
holding  any  office  under  the  United  States,  shall  be  a member  of  either 
House  during  his  continuance  in  office. — Const.  U.  S.  Art  I.  Sec.  6. 


SECTION  VI. 

QUORUM. 

A majority  of  each  House  shall  constitute  a quorum  to  do  busi- 
ness; but  a smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties,  as  each  House  may  provide. — 
Const.  U.  S.  Art.  I.  Sec.  5. 

In  general,  the  chair  is  not  to  be  taken  till  a 
quorum  for  business  is  present ; unless,  after  due 
waiting,  such  a quorum  be  despaired  of,  when  the 
chair  may  be  taken,  and  the  House  adjourned.  And 
whenever,  during  business,  it  is  observed  that  a 
quorum  is  not  present,  any  member  may  call  for  the 
House  to  be  counted : and  being  found  deficient, 
business  is  suspended. — 2 Hats.  125,  125. 

The  President  having  taken  the  chair,  and  a quorum  being  present, 
the  journal  of  the  preceding  day  shall  be  read,  to  the  end,  that  any 
mistake  may  be  corrected  that  shall  have  been  made  in  the  entries. — 
Rules  of  the  Senate , 1. 


ABSENCE. 


27 


SECTION  VII. 

CALL  OF  THE  HOUSE. 

On  a call  of  the  House,  each  person  rises  up  as  he 
is  called,  and  answereth ; the  absentees  are  then  only 
noted,  but  no  excuse  to  be  made  till  the  House  be 
fully  called  over.  Then  the  absentees  are  called  a 
second  time,  and  if  still  absent,  excuses  are  to  be 
heard. — Ord.  H.  of  0.  92. 

They  rise,  that  their  persons  may  be  recognized ; 
the  vpice,  in  such  a crowd,  being  an  insufficient  veri- 
fication of  their  presence.  But  in  so  small  a body  as 
the  Senate  of  the  United  States,  the  trouble  of  rising 
cannot  be  necessary. 

Orders  for  calls  on  different  days  may  subsist  at  the 
same  time. — 2 Hats.  72. 


SECTION  VIII. 

ABSENCE. 

• 

No  member  shall  absent  himself  from  the  service  of  the  Senate 
without  leave  of  the  Senate  first  obtained.  And  in  case  a less  number 
than  a quorum  of  the  Senate  shall  convene,  they  are  hereby  author- 
ized to  send  the  sergeant-at-arms,  or  any  other  person  or  persons  by 
them  authorized,  for  any  or  all  absent  members,  as  the  majority  of 
such  members  present  shall  agree,  at  the  expense  of  such  absent 
members  respectively,  unless  such  excuse  for  non-attendance  shall  be 
made,  as  the  Senate,  when  a quorum  is  convened,  shall  judge  suffi- 
cient, and  in  that  case  the  expense  shall  be  paid  out  of  the  contingent 
fund.  And  this  rule  shall  apply  as  well  to  the  first  convention  of  the 
Senate,  at  the  legal  time  of  meeting,  as  to  each  day  of  the  session, 
after  the  hour  is  arrived  to  which  the  Senate  stood  adjourned. — 
Rule  8. 


28 


SPEAKER. 


SECTION  IX. 

SPEAKER. 

The  Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  unless  they  be  equally  divided. — Const. 
V.  S.  Art.  I.  Sec.  3. 

The  Senate  shall  choose  their  other  officers,  and  also  a President 
pro  tempore  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. — Const.  U.  S. 
Art.  I.  Sec.  3. 

The  House  of  Representatives  shall  choose  their  Speaker  and  other 
officers. — Const.  U.  S.  Art.  I.  Sec.  2. 

When  but  one  person  is  proposed,  and  no  objection 
made,  it  has  not  been  usual  in  Parliament  to  put  any 
question  to  the  House ; but  without  a question,  the 
members  proposing  him,  conduct  him  to  the  chair. 
But  if  there  be  objection,  or  another  proposed,  a ques- 
tion is  put  by  the  clerk. — 2 Hats.  168.  As  are  also 
questions  of  adjournment. — 6 Grey , 406.  Where  the 
House  debated  and  exchanged  messages  and  answers 
with  the  King  for  a wreek,  without  a Speaker,  till  they 
were  prorogued.  They  have  done  it  de  die  in  diem 
for  14  days. — 1 Chand.  331,  335. 

In  the  Senate,  a President  pro  tempore,  in  the  absence  of  the  Vice- 
President,  is  proposed  and  chosen  by  ballot.  His  office  is  understood 
to  be  determined  on  the  Vice-President’s  appearing  and  taking  the 
chair,  or  at  the  meeting  of  the  Senate  after  the  first  recess.  — Vide 
Rule  23. 

Where  the  Speaker  has  been  ill,  other  Speakers  pro 
tempore  have  been  appointed.  Instances  of  this  are, 
1 II.  4,  Sir  John  Cheney,  and  for  Sir  Wm.  Sturton, 
and  in  15  H.  6,  Sir  John  Tyrrell,  in  1656,  Jan.  27 ; 
1658,  Mar.  9 ; 1659,  Jan.  13. 


ADDRESS. 


29 


Not  merely 
pro  tempore. 
— 1 Chand. 
169,  276,  7. 


Sir  Job  Charlton  ill,  Seymour  chosen,' 

1673,  Feb.  18. 

Seymour  being  ill,  Sir  Robert  Sawyer  y 
chosen,  1678,  April  15th. 

Sawyer  being  ill,  Seymour  chosen. 

Thorpe  in  execution,  a new  Speaker  chosen — 31 H. 
VI. — 3 G-rcy , 11 ; and  March  14, 1694,  Sir  John  Tre- 
vor chosen.  There  have  been  no  later  instances. — 
2 Hats.  161. — 4 Inst. — 8 Lex. Pari.  263. 

A Speaker  may  be  removed  at  the  will  of  the  House, 
and  a Speaker  pro  tempore  appointed. — 2 Grey , 186 ; 
5 Grey , 134 ; Vide  Rule , Sen.  23. 


SECTION  X. 

ADDRESS. 

The  President  shall,  from  time  to  time,  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  considera- 
tion such  measures  as  he  shall  judge  necessary  and  expedient. — 
Const.  U.  S.  Art.  II.  Sec.  3. 

A joint  address  from  both  Houses  of  Parliament  is 
read  by  the  Speaker  of  the  House  of  Lords.  It  may 
be  attended  by  both  Houses  in  a body,  or  by  a com- 
mittee from  each  House,  or  by  the  two  Speakers  only. 
An  address  of  the  House  of  Commons  only  may  be 
presented  by  the  whole  House,  or  by  the  Speaker, — 
9 Grey , 473 ; 1 Chandler , 298,  301 ; or  by  such  par- 
ticular members  as  are  of  the  Privy  Council. — 2 Hats. 
276. 


2 


•30 


COMMITTEES. 


SECTION  XI. 

COMMITTEES.* 

Standing  committees,  as  of  privileges  and  elections, 
&c.,  are  usually  appointed  at  the  first  meeting,  to  con- 
tinue through  the  session.  The  person  first  named  is 
generally  permitted  to  act  as  chairman.  But  this  is  a 
matter  of  courtesy;  every  committee  having  a right 
to  elect  their  own  chairman,  who  presides  over  them, 
puts  questions,  and  reports  their  proceedings  to  the 
House. — 4 Inst.  11,  12;  Scob.  7;  1 G-rey , 112. 

At  these  committees  the  members  are  to  speak  stand- 
ing, and  not  sitting;  though  there  is  reason  to  conjec- 
ture it  was  formerly  otherwise. — D'  Ewes , 630,  col.  1 ; 
4 Pari.  Hist.  440  ; 2 Hats.  77. 

Their  proceedings  are  not  to  be  published,  as  they 
are  of  no  force  till  confirmed  by  the  House. — Rushw. 
part  3,  vol.  2,  74  ; 3 Grey , 40i  ; Scob.  39.  Nor  can 
they  receive  a petition  but  through  the  House. — 9 
Grey , 412. 

When  a committee  is  charged  with  an  inquiry,  if  a 
member  prove  to  be  involved,  they  cannot  proceed 
against  him,  but  must  make  a special  report  to  the 
House  ; whereupon  the  member  is  heard  in  his  place, 
or  at  the  bar,  or  a special  authority  is  given  to  the 
committee  to  inquire  concerning  him. — 9 Grey , 523. 

So  soon  as  the  House  sits,  and  a committee  is  noti- 
fied of  it,  the  chairman  is  in  duty  bound  to  rise  in- 
stantly, and  the  members  to  attend  the  service  of  the 
House. — 2 Hals.  319.  Vicle  Pules  H.  P.  102. 

It  appears,  that  on  joint  committee  of  the  Lords  and 
Commons,  each  committee  acted  integrally,  in  the  fol- 


* Mode  of  appointing  committees.  Vide  Senate  Rules,  33,  .'14 
Rules  H.  R.  7. 


COMMITTEE  OF  THE  WHOLE. 


31 


lowing  instances:  — 7 Grey , 261,  278,  286,  338;  1 
Chandler , 357,  462.  In  the  following  instances  it 
does  not  appear  whether  they  clid  or  not : — 6 Grey , 
129 ; 7 Grey , 213,  229,  321. 


SECTION  XII. 

COMMITTEE  OF  THE  WHOLE. 

The  speech,  messages,  and  other  matters  of  great 
concernment,  are  usually  referred  to  a committee  of  the 
whole  House — 6 Grey , 311,  where  general  principles 
are  digested  in  the  form  of  resolutions,  which  are  de- 
bated and  amended  till  they  get  into  a shape  which 
meets  the  approbation  of  a majority.  These  being  re- 
ported and  confirmed  by  the  House,  are  then  referred 
to  one  or  more  select  committees,  according  as  the  sub- 
ject divides  itself  into  one  or  more  bills. — Scoh.  36, 
44.  Propositions  for  any  charge  on  the  people  are 
especially  to  be  first  made  in  a committee  of  the  wThole. 
— -3  Hats.  127.  Vide  Rules  H.  R.  123,  124.  The 
sense  of  the  whole  is  better  taken  in  committee,  be- 
cause in  all  committees  every  one  speaks  as  often  as 
he  pleases. — Scoh.  49.  Vide  Rules  H.  R.  125.  They 
generally  acquiesce  in  the  chairman  named  by  the 
Speaker ; but,  as  w^ell  as  all  other  committees,  have  a 
right  to  elect  one,  some  member,  by  consent,  putting 
the  question. — Scoh.  36  ; 3 Grey , 301.  Vide  Rules 
H.  R.  118.  The  form  of  going  from  the  House  into 
committee,  is  for  the  Speaker,  on  motion,  to  put  the 
question  that  the  House  do  now  resolve  itself  into  a 
committee  of  the  whole,  to  take  under  consideration 
such  a matter,  naming  it.  If  determined  in  the  affirm- 
ative, he  leaves  the  chair,  and  takes  a seat  elsewhere, 
as  any  other  member ; and  the  person  appointed  chair- 


32 


COMMITTEE  OF  THE  WHOLE. 


man  seats  himself  at  the  clerk’s  table. — Scob.  36. 
Vide  Rules  II.  R.  118.  Their  quorum  is  the  same  as 
that  of  the  House ; and  if  a defect  happens,  the  chair- 
man, on  a motion  and  question,  rises,  the  Speaker  re- 
sumes the  chair,  and  the  chairman  can  make  no  other 
report  than  to  inform  the  House  of  the  cause  of  their 
dissolution.  If  a message  is  announced  during  a com- 
mittee, the  Speaker  takes  the  chair,  and  receives  it, 
because  the  committee  cannot. — 2 Hats.  125,  126. 

In  a committee  of  the  whole,  the  tellers,  on  a divi- 
sion, differing  as  to  numbers,  great  heats  and  confusion 
arose,  and  danger  of  a decision  by  the  sword.  The 
Speaker  took  the  chair,  the  mace  was  forcibly  laid  on 
the  table ; whereupon,  the  members  retiring  to  their 
places,  the  Speaker  told  the  House  “he  had  taken  the 
chair  without  an  order,  to  bring  the  House  into  -order.” 
Some  excepted  against  it;  but  it  was  generally  approved 
as  the  only  expedient  to  suppress  the  disorder.  And 
every  member  was  required,  standing  up  in  his  place, 
to  engage  that  he  would  proceed  no  further,  in  conse- 
quence of  what  had  happened  in  the  grand  committee, 
which  was  done. — 3 Grey , 139. 

A committee  of  the  whole  being  broken  up  in  dis- 
order, and  the  chair  resumed  by  the  Speaker  without 
an  order,  the  House  was  adjourned.  The  next  day 
the  committee  was  considered  as  thereby  dissolved, 
and  the  subject  again  before  the  House ; and  it  was 
decided  in  the  House,  without  returning  into  commit- 
tee.— 3 Grey , 130. 

No  previous  question  can  be  put  in  a committee ; 
nor  can  this  committee  adjourn  as  others  may;  but  if 
their  business  is  unfinished,  they  rise  on  a question, 
the  House  is  resumed,  and  the  chairman  reports  that 
the  committee  of  the  whole  have,  according  to  order, 
had  under  their  consideration  such  a matter,  and  have 
made  progress  therein : but  not  having  time  to  go 
through  the  same,  have  directed  him  to  ask  leave  to 


EXAMINATION  OP  WITNESSES. 


33 


sit  again.  Whereupon,  a question  is  put  on  their 
having  leave,  and  on  the  time  when  the  House  will 
again  resolve  itself  into  a committee. — Scob.  38.  But 
if  they  have  gone  through  the  matter  referred  to  them, 
a member  moves  that  the  committee  may  rise,  and  the 
chairman  report  their  proceedings  to  the  House  ; which 
being  resolved,  the  chairman  rises,  the  Speaker  re- 
sumes the  chair,  the  chairman  informs  him  that  the 
committee  have  gone  through  the  business  referred  to 
them,  and  that  he  is  ready  to  make  report  when  the 
House  shall  think  proper  to  receive  it.  If  the  House 
have  time  to  receive  it,  there  is  usually  a cry  of  “ Now, 
Now,”  whereupon  he  makes  the  report : hut  if  it  he 
late,  the  cry  is,  “ To-morrow,  To-morrow,”  or,  “ On 
Monday,”  &c.,  or  a motion  is  made  to  that  effect,  and 
a question  put,  that  it  be  received  to-morrow,  &c. — 
Scob.  38. 

In  other  things  the  rules  of  proceedings  are  to  be 
the  same  as  in  the  House. — Scob.  39. 


SECTION  XIII. 

EXAMINATION  OP  WITNESSES. 

Common  fame  is  a good  ground  for  the  House  to 
proceed  by  inquiry,  and  even  to  accusation. — Resolu- 
tion of  the  House  of  Commons , 1 Car.  1,  1625 ; 
Rush.  Lex.  Pari.  115  ; 1 Gbrey , 16.  22.  92  ; 8 Grrey, 
21.  23.  27.  45. 

Witnesses  are  not  to  be  introduced  but  where  the 
House  has  previously  instituted  an  inquiry,  2 Hats. 
102,  nor  then  are  orders  for  their  attendance  given 
blank. — 3 Crey , 51. 

When  any  person  is  examined  before  a committee, 
or  at  the  bar  of  the  House,  any  member  wishing  to 


34 


EXAMINATION  OF  WITNESSES. 


ask  the  person  a question,  must  address  it  to  the 
Speaker  or  chairman,  who  repeats  the  question  to  the 
person,  or  says  to  him,  “You  hear  the  question, 
answer  it.”  But  if  the  propriety  of  the  question  he 
objected  to,  the  Speaker  directs  the  witness,  counsel, 
and  parties  to  withdraw ; for  no  question  can  be 
moved,  or  put,  or  debated,  while  they  are  there.  — 2 
Hats.  108.  Sometimes  the  questions  are  previously 
settled  in  writing  before  the  witness  enters. — 2 Hats. 
106,  107  ; 8 Grey , 64.  The  questions  asked  must 
be  entered  in  the  journals.  — 3 Grey , 81.  But  the 
testimony  given  in  answer  before  the  House  is  never 
written  down ; but  before  a committee  it  must  be  for 
the  information  of  the  House,  who  are  not  present  to 
hear  it. — 7 Grey , 52,  334. 

If  either  House  have  occasion  for  the  presence  of  a 
person  in  custody  of  the  other,  they  ask  the  other 
their  leave  that  he  may  be  brought  up  to  them  in  cus- 
tody.— 3 Hats.  52. 

A member,  in  his  place,  gives  information  to  the 
House  of  what  he  knows  of  any  matter  under  hearing 
at  the  bar. — Jour.  H.  of  C.,  Jan.  22,  1744,  5. 

Either  House  may  request,  but  not  command,  the 
attendance  of  a member  of  the  other.  They  are  to 
make  the  request  by  message  to  the  other  House, 
and  to  express  clearly  the  purpose  of  attendance,  that 
no  improper  subject  of  examination  may  be  tendered 
to  him.  The  House  then  gives  leave  to  the  member 
to  attend,  if  he  choose  it ; waiting  first  to  know  from 
the  member  himself  whether  he  chooses  to  attend,  till 
which  they  do  not  take  the  message  into  considera- 
tion. But  when  the  Peers  are  sitting  as  a court  of 
Criminal  Judicature,  they  may  order  attendance  ; un- 
less where  it  be  a case  of  impeachment  by  the  Com- 
mons. There  it  is  to  be  a request. — 3 Mats.  17 ; 9 
Grey , 306.  406 ; 10  Grey , 133. 


ARRANGEMENT  OF  BUSINESS. 


35 


Counsel  are  to  be  beard  only  on  private,  not  on 
public  bills ; and  on  such  points  of  law  only  as  the 
House  shall  direct. — 19  Grrey , 61. 


SECTION  XIV. 

ARRANGEMENT  OF  BUSINESS. 

The  Speaker  is  not  precisely  bound  to  any  rules  as 
to  what  bills  or  other  matter  shall  be  first  taken  up, 
but  is  left  to  bis  own  discretion,  unless  the  House  on 
a question  decide  to  take  up  a particular  subject. — 
Hakew.  136. 

A settled  order  of  business  is,  however,  necessary 
for  the  government  of  the  presiding  person,  and  to 
restrain  individual  members  from  calling  up  favourite 
measures,  or  matters  under  their  special  patronage, 
out  of  their  just  turn.  It  is  useful  also  for  directing 
the  discretion  of  the  House,  when  they  are  moved  to 
take  up  a particular  matter,  to  the  prejudice  of  others 
having  a priority  of  right  to  their  attention  in  the 
general  order  of  business. 

In  Senate,  the  bills  and  other  papers  which  are  in  possession  of  the 
House,  and  in  a state  to  be  acted  upon,  are  arranged  every  morning, 
and  brought  on  in  the  following  order : 

1.  Bills  ready  for  a second  reading  are  read,  that  they  may  be  re- 
ferred to  committees,  and  so  be  put  under  way.  But  if,  on  their 
being  read,  no  motion  is  made  for  commitment,  they  are  then  laid  on 
the  table  in  the  general  file,  to  be  taken  up  in  their  just  turn. 

2.  After  twelve  o’clock,  hills  ready  for  it  are  put  on  their  passage. 

3.  Reports  in  possession  of  the  House  which  offer  grounds  for  a bill, 
are  to  be  taken  up,  that  the  bill  may  be  ordered  in. 

4.  Bills  or  other  matters  before  the  House,  and  unfinished  on  the 


ARRANGEMENT  OF  BUSINESS. 


preceding-  day,  whether  taken  up  in  turn,  or  on  special  order,  are  en- 
titled to  be  resumed  and  passed  on  through  their  present  stage. 

5.  These  matters  being  despatched,  for  preparing  and  expediting 
business,  the  general  file  of  bills  and  other  papers  is  then  taken  up, 
and  each  article  of  it  is  brought  on  according  to  its  seniority,  reck- 
oned by  the  date  of  its  first  introduction  to  the  House.  Reports  on 
bills  belong  to  the  dates  of  their  bills. 

[The  arrangement  of  the  business  of  the  Senate  is  now  as  follows : 

1.  Motions  previously  submitted. 

2.  Reports  of  committees  previously  made. 

3.  Bills  from  the  House  of  Representatives,  and  those  introduced  on 
leave,  which  have  been  read  the  first  time,  are  read  the  second  time ; 
and  if  not  referred  to  a committee,  are  considered  in  committee  of  the 
whole,  and  proceeded  with  as  in  other  cases. 

4.  After  twelve  o’clock,  engrossed  bills  of  the  Senate,  and  bills  of 
the  House  of  Representatives,  on  the  third  reading  are  put  on  their 
passage. 

5.  If  the  above  are  finished  before  one  o’clock,  the  general  file  of 
bills,  consisting  of  those  reported  from  committees  on  the  second  read- 
ing, and  those  reported  from  committees  after  having  been  referred, 
are  taken  up  in  the  order  in  which  they  were  reported  to  the  Senate 
by  the  respective  committees. 

6.  At  one  o’clock,  if  no  business  be  pending,  or  if  no  motion  be 
made  to  proceed  to  other  business,  the  special  orders  are  called,  at  the 
head  of  which  stands  the  unfinished  business  of  the  preceding  day.] 
Vide  Rules  H.  R.  19  to  27  inclusive. 

In  this  way  we  do  not  waste  our  time  in  debating  what  shall  be 
taken  up : we  do  one  thing  at  a time,  follow  up  a subject  while  it  is 
fresh,  and  till  it  is  done  with;  clear  the  House  of  business,  gradatim 
as  it  is  brought  on,  and  prevent,  to  a certain  degree,  its  immense  ac- 
cumulation towards  the  close  of  the  session. 

Arrangement,  however,  can  only  take  hold  of  matters  in  possession 
of  the  House.  New  matter  may  be  moved  at  any  time,  when  no 
question  is  before  the  House.  Such  are  original  motions,  and  reports 
on  bills.  Such  are,  bills  from  the  other  House,  which  are  received  at 


ORDER — ORDER  RESPECTING  PAPERS. 


87 


all  times,  and  receive  their  first  reading-  as  soon  as  the  question  then 
before  the  House  is  disposed  of;  and  bills  brought  in  on  leave,  which 
are  read  first  whenever  presented.  So,  messages  from  the  other  House 
respecting  amendments  to  bills,  are  taken  up  as  soon  as  the  House  is 
clear  of  a question,  unless  they  require  to  be  printed  for  better  consi- 
deration. Orders  of  the  day  may  be  called  for,  even  when  another 
question  is  before  the  House. 


SECTION  XV. 

ORDER. 

Each  House  may  determine  the  rules  of  its  proceedings;  punish  its 
members  for  disorderly  behaviour,  and,  with  the  concurrence  of  two- 
thirds,  expel  a member. — Const.  I.  5. 

In  Parliament,  “ instances  make  order,”  per  Speaker 
Onslow,  2 Hats.  144 ; but  what  is  done  only  by  one 
Parliament,  cannot  be  called  custom  of  Parliament : 
by  Prynne , 1 Grrey,  52. 


SECTION  XYI. 

ORDER  RESPECTING  PAPERS. 

The  Clerk  is  to  let  no  journals,  records,  accounts, 
or  papers,  be  taken  from  the  table,  or  out  of  his  cus- 
tody.— 2 Pats.  193,  194. 

Mr.  Prynne  having,  at  a committee  of  the  whole, 
amended  a mistake  in  a bill,  without  order  or  know- 
ledge of  the  committee,  was  reprimanded. — 1 Chand. 

77. 

A bill  being  missing,  the  House  resolved,  that  a pro- 

2 * 


38 


ORDER  IN  DEBATE. 


testation  should  be  made  and  subscribed  by  the  mem- 
bers, “ before  Almighty  God  and  this  honourable 
House,  that  neither  myself  nor  any  other,  to  my  know- 
ledge, have  taken  away,  or  do  at  this  present  conceal 
a bill  entitled,”  &c.— 5 Grey,  202. 

After  a bill  is  engrossed,  it  is  put  into  the  Speaker’s 
hands,  and  he  is  not  to  let  any  one  have  it  to  look 
into. — Town.  col.  209. 

SECTION  XVII. 

ORDER  IN  DEBATE. 

When  the  Speaker  is  seated  in  his  chair,  every 
member  is  to  sit  in  his  place. — Scab.  6 ; 3 Grey,  403. 

When  any  member  means  to  speak,  he  is  to  stand 
up  in  his  place,  uncovered,  and  to  address  himself, 
not  to  the  House,  or  any  particular  member,  but  to 
the  Speaker,  who  calls  him  by  his  name,  that  the 
House  may  take  notice  who  it  is  that  speaks. — Scob. 
6 ; I)' Ewes,  487,  col.  1 ; 2 Hats.  77 ; 4 Grey,  66  ; 
8 Grey , 108.  But  members  who  are  indisposed  may 
be  indulged  to  speak  sitting. — 3 Hats.  75,  77;  1 Grey, 
195. 

In  Senate,  every  member,  when  he  speaks,  shall  address  the  chair, 
standing  in  his  place ; and  when  he  has  finished,  shall  sit  down. — 
Rule  3. 

When  any  member  is  about  to  speak  in  debate,  or  deliver  any  mat- 
ter to  the  House,  he  shall  rise  from  his  seat,  and  respectfully  address 
himself  to  “ Mr.  Speaker,”  and  shall  confine  himself  to  the  question 
under  debate,  and  avoid  personality. — Rule  II.  R.  28. 

When  a member  stands  up  to  speak,  no  question  is 
to  be  put ; but  he  is  to  be  heard,  unless  the  House 
overrule.— 4 Grey,  390  ; 5 Grey,  6,  143. 

If  two  or  more  rise  to  speak  nearly  together,  the 
Speaker  determines  who  was  first  up,  and  calls  him 


ORDER  IN  DEBATE. 


39 


by  name ; ■whereupon  he  proceeds,  unless  he  volunta- 
rily sits  down,  and  gives  way  to  the  other.  But  some- 
times the  House  does  not  acquiesce  in  the  Speaker’s 
decision ; in  which  case,  the  question  is  put,  “ which 
member  was  first  up  ?” — 2 Hats.  76  ; Scob.  7 ; D’fiwes, 
434,  col.  1,  2. 

In  the  Senate  of  the  United  States,  the  President’s  decision  is  with- 
out appeal.  Their  rule  is  in  these  words : — When  two  members  rise  at 
the  same  time,  the  President  shall  name  the  person  to  speak ; hut  in 
all  cases,  the  member  who  shall  first  rise  and  address  the  chair,  shall 
speak  first. — Rule  5. 

No  man  can  speak  more  than  once  to  the  same  bill, 
on  the  same  day ; or  even  on  another  day,  if  the  debate 
be  adjourned.  But  if  it  be  read  more  than  once,  in 
the  same  day,  he  may  speak  once  at  every  reading. — 
Co.  12,  116;  Hakew.  148;  Scob.  58;  2 Hats.  75. 
Even  a change  of  opinion  does  not  give  a right  to  be 
heard  a second  time.  — Smyth.  Comw.  L.  2.  c.  3; 
Arcan.  Pari.  17. 

The  corresponding  rule  of  the  Senate  is  in  these  words  : — No  mem- 
ber shall  speak  more  than  twice  in  any  one  debate  on  the  same  day, 
without  leave  of  the  Senate. — Rule  4. 

No  member  shall  speak  more  than  once  to  the  same  question,  with- 
out leave  of  the  House,  unless  he  be  the  mover,  proposer,  or  introducer 
of  the  matter  pending ; in  which  case  he  shall  be  permitted  to  speak 
in  reply,  but  not  until  every  member  choosing  to  speak  shall  have 
spoken. — Rule  H.  R.  32. 

But  he  may  be  permitted  to  speak  again  to  clear  a 
matter  of  fact. — 3 G-rey , 357,  416.  Or  merely  to  ex- 
plain himself,  3 Hats.  73,  in  some  material  part  of  his 
speech,  ib.  75  ; or  to  the  manner  or  words  of  the  ques- 
tion, keeping  himself  to  that  only,  and  not  travelling 
into  the  merits  of  it,  Memorials  in  Hakew.  29  ; or  to 
the  orders  of  the  House,  if  they  be  transgressed,  keep- 
ing within  that  line,  and  falling  into  the  matter  itself. 
— Mem.  Hakew.  30,  31. 


40 


ORDER  IN  DEBATE. 


But  if  the  Speaker  rises  to  speak,  the  member  stand- 
ing up  ought  to  sit  down,  that  he  may  be  first  heard. 
Toivn.  col.  205 ; Hale.  Pari.  133 ; Mem.  in  Hakew. 
30,  31.  Nevertheless,  though  the  Speaker  may  of 
right  speak  to  matters  of  order,  and  be  first  heard,  he 
is  restrained  from  speaking  on  any  other  subject,  ex- 
cept where  the  House  have  occasion  for  facts  within 
his  knowledge : then  he  may,  with  their  leave,  state 
the  matter  of  fact. — 3 Grey,  38. 

No  one  is  to  speak  impertinently  or  beside  the 
question,  superfluously  or  tediously.  — Scob.  31,  33  ; 
2 Hats.  166,  168 ; Hale.  Pari.  133. 

No  person  is  to  use  indecent  language  against  the 
proceedings  of  the  House,  no  prior  determination  of 
which  is  to  be  reflected  on  by  any  member,  unless  he 
means  to  conclude  with  a motion  to  rescind  it.  — 2 
Hats.  169,  170;  Rushw.  p.  3.  v.  1.  fol.  42.  But 
while  a proposition  is  under  consideration,  is  still  in 
fieri,  though  it  has  even  been  reported  by  a committee, 
reflections  on  it  are  no  reflections  on  the  House. — 9 
Grey,  308. 

No  person,  in  speaking,  is  to  mention  a member 
then  present  by  his  name ; but  to  describe  him  by  his 
seat  in  the  House,  or  who  spoke  last  or  on  the  other 
side  of  the  question,  &c.  Mem.  in  Hawk. — 3 Smyth's 
Comw.  L.  2.  c.  3 ; nor  to  digress  from  the  matter  to  fall 
upon  the  person.  — Scob.  31;  Hale,  Pari.  133;  2 
Hats.  166,  by  speaking,  reviling,  nipping,  or  unman- 
nerly words  against  a particular  member.  Smyth's 
Comw.  L.  2.  c.  3.  The  consequence  of  a measure 
may  be  reprobated  in  strong  terms  ; but  to  arraign  the 
motives  of  those  who  propose  or  advocate  it,  is  a per- 
sonality, and  against  order.  Qui  digreditur  a materia 
ad  personam,  Mr.  Speaker  ought  to  suppress. — Ord. 
Com.  1604,  Apr.  19. 

When  a member  shall  be  called  to  order  by  the  President  or  a Sena- 
tor,  he  shall  sit  down ; and  every  question  out  of  order  shall  be 


ORDER  IN  DEBATE. 


41 


decided  by  the  President,  without  debate,  subject  to  an  appeal  to  the 
Senate ; and  the  President  may  call  for  the  sense  of  the  Senate  on 
any  question  of  order. — Rule  6. 

While  the  Speaker  is  putting  any  question,  or  addressing  the  House, 
none  shall  walk  out  of  or  across  the  House ; nor  in  such  case,  or 
when  a member  is  speaking,  shall  entertain  private  discourse ; nor, 
while  a member  is  speaking,  shall  pass  between  him  and  the  chair. 
Every  member  shall  remain  uncovered  during  the  session  of  the 
House.  No  member  or  other  person  shall  visit  or  remain  by  the 
Clerk’s  table  while  the  ayes  and  noes  are  calling,  or  ballots  are  count- 
ing.— Rule  H.  R.  34. 


No  one  is  to  disturb  another  in  his  speech,  by 
hissing,  coughing,  spitting, — 6 Grrey , 332  ; Scob.  8 ; 
D' Eives,  332,  col.  1 ; nor  stand  up  to  interrupt  him, — 
Toivn.  col.  205 ; Mem.  in  Hakew.  31 ; nor  to  pass 
between  the  Speaker  and  the  speaking  member ; nor 
to  go  across  the  House, — Scob.  6 ; or  to  walk  up  and 
down  it ; or  to  take  books  or  papers  from  the  table,  or 
write  there. — 2 Hats.  171. 

Nevertheless,  if  a member  finds  it  is  not  the  incli- 
nation of  the  House  to  hear  him,  and  that,  by  conver- 
sation or  any  other  noise,  they  endeavour  to  drown 
his  voice,  it  is  the  most  prudent  way  to  submit  to  the 
pleasure  of  the  House,  and  sit  down ; for  it  scarcely 
ever  happens  that  they  are  guilty  of  this  piece  of  ill 
manners  without  sufficient  reason,  or  inattentive  to  a 
member  who  says  any  thing  worth  their  hearing. — 
2 Hats.  77,  78. 

If  repeated  calls  do  not  produce  order,  the  Speaker 
may  call  by  Tiis  name  any  member  obstinately  per- 
sisting in  irregularity ; whereupon  the  House  may  re- 
quire the  member  to  withdraw.  He  is  then  to  be 
heard  in  exculpation,  and  to  withdraw.  Then  the 
Speaker  states  the  offence  committed,  and  the  House 
considers  the  degree  of  punishment  they  will  inflict. 
—2  Mats.  169,  7,  8,  172. 


42 


ORDER  IN  DEBATE. 


For  instances  of  assaults  and  affrays  in  the  House 
of  Commons,  and  the  proceedings  thereon,  see  1 Pet. 
Misc.  82 ; 3 G-rey , 128  ; 4 Grey , 328  ; 5 Grey , 38  ; 
26  Grey , 204 ; 10  Grey , 8.  Whenever  warm  words 
or  an  assault  have  passed  between  the  members,  the 
House,  for  the  protection  of  their  members,  requires 
them  to  declare  in  their  places  not  to  prosecute  any 
quarrel, — 3 Grey , 128,  293 ; 5 Grey , 289  ; or  orders 
them  to  attend  the  Speaker,  who  is  to  accommodate 
their  differences,  and  to  report  to  the  House, — 3 Grey , 
419  ; and  they  are  put  under  restraint,  if  they  refuse, 
or  until  they  do. — 9 Grey , 234,  312. 

Disorderly  words  are  not  to  be  noticed  till  the  mem- 
ber has  finished  his  speech. — 5 Grey , 356  ; 6 Grey , 
60.  Then  the  person  objecting  to  them,  and  desiring 
them  to  be  taken  down  by  the  clerk  at  the  table,  must 
repeat  them.  The  Speaker  then  may  direct  the  clerk 
to  take  them  down  in  his  minutes.  But  if  he  thinks 
them  not  disorderly,  he  delays  the  direction.  If  the 
call  becomes  pretty  general,  he  orders  the  clerk  to 
take  them  down,  as  stated  by  the  objecting  member. 
They  are  then  part  of  his  minutes,  and  when  read  to 
the  offending  member,  he  may  deny  they  were  his 
words,  and  the  House  must  then  decide  by  a question, 
whether  they  are  his  words  or  not.  Then  the  mem- 
ber may  justify  them,  or  explain  the  sense  in  which 
he  used  them,  or  apologize.  If  the  House  is  satisfied, 
no  further  proceeding  is  necessary.  But  if  two  mem- 
bers still  insist  to  take  the  sense  of  the  House,  the 
member  must  withdraw  before  that  question  is  stated, 
and  then  the  sense  of  the  House  is  to  be  taken. — 2 
Hats.  199;  4 Grey , 170;  6 Grey , 59.  When  any 
member  has  spoken,  or  other  business  intervened, 
after  offensive  words  spoken,  they  cannot  be  taken 
notice  of  for  censure.  And  this  is  for  the  common 
security  of  all,  and  to  prevent  mistakes,  which  must 
happen,  • if  words  are  not  taken  down  immediately. 


ORDER  IN  DEBATE. 


43 


Formerly,  they  might  be  taken  down  at  any  time  the 
same  day.  — 2 Hats . 196  ; Mem.  in  Hakew.  71 ; 3 
Grey,  48  ; 9 Grey , 514. 

Disorderly  words  spoken  in  a committee,  must  be 
written  down  as  in  the  House ; but  the  committee  can 
only  report  them  to  the  House  for  animadversion. — - 
6 Grey , 46. 

The  rule  of  the  Senate  says, — If  a member  be  called  to  order  for 
words  spoken,  the  exceptionable  words  shall  be  immediately  taken 
down  in  writing,  that  the  President  may  be  better  enabled  to  judge. 
— Rule  7. 

In  Parliament,  to  speak  irreverently  or  seditiously 
against  the  King,  is  against  order. — Smyth’s  Comw. 
L.  2,  c.  3;  2 Hats.  170. 

It  is  a breach  of  order  in  debate  to  notice  what  has 
been  said  on  the  same  subject  in  the  other  House,  or 
the  particular  votes  or  majorities  on  it  there;  because 
the  opinion  of  each  House  should  be  left  to  its  own 
independency,  not  to  be  influenced  by  the  proceed- 
ings of  the  other ; and  the  quoting  them  might  beget 
reflections  leading  to  a misunderstanding  between  the 
two  Houses. — 8 Grey , 22. 

Neither  House  can  exercise  any  authority  over  a 
member  or  officer  of  the  other,  but  should  complain  to 
the  House  of  which  he  is,  and  leave  the  punishment  to 
them.  Where  the  complaint  is  of  words  disrespectfully 
spoken  by  a member  of  another  House,  it  is  difficult 
to  obtain  punishment,  because  of  the  rules  supposed 
necessary  to  be  observed  (as  to  the  immediate  noting 
down  of  words)  for  the  security  of  members.  There- 
fore it  is  the  duty  of  the  House,  and  more  particularly 
of  the  Speaker,  to  interfere  immediately,  and  not  to 
permit  expressions  to  go  unnoticed,  which  may  give  a 
ground  of  complaint  to  the  other  House,  and  introduce 
proceedings  and  mutual  accusations  between  the  two 
Houses,  which  can  hardly  be  terminated  without  dif- 
ficulty and  disorder. — 3 Hats.  51. 


44 


ORDER  IN  DEBATE. 


No  member  may  be  present  when  a bill,  or  any 
business  concerning  himself  is  debating;  nor  is  any 
member  to  speak  to  the  merits  of  it  till  he  withdraws. 
— 2 Hats.  219.  The  rule  is,  that  if  a charge  against 
a member  arise  out  of  a report  of  a committee,  or  ex- 
amination of  witnesses  in  the  House,  as  the  member 
knows  from  that  to  what  points  he  is  to  direct  his  ex- 
culpation, he  may  be  heard  to  those  points,  before 
any  question  is  moved  or  stated  against  him.  He  is 
then  to  be  heard,  and  withdraw  before  any  question 
is  moved.  But  if  the  question  itself  is  the  charge,  as 
for  breach  of  order,  or  matter  arising  in  debate,  there 
the  matter  must  be  stated,  that  is,  the  question  must 
be  moved,  himself  heard,  and  then  to  withdraw. — 2 
Hats.  121,  122. 

Where  the  private  interests  of  a member  are  con- 
cerned in  a bill  or  question,  he  is  to  withdraw.  And 
where  such  an  interest  lias  appeared,  his  voice  has 
been  disallowed,  even  after  a division.  In  a case  so 
contrary  not  only  to  the  laws  of  decency,  but  to  the 
fundamental  principles  of  the  social  compact,  which 
denies  to  any  man  to  be  a judge  in  his  own  cause,  it 
is  for  the  honour  of  the  House  that  this  rule  of  imme- 
morial observance  should  be  strictly  adhered  to. — 2 
Hats.  119,  121 ; 6 Grey,  308. 

No  man  is  to  come  into  the  House  with  his  head 
covered,  nor  to  remove  from  one  place  to  the  other 
with  his  hat  on,  nor  is  to  put  on  his  hat  in  coming  in, 
or  removing,  until  he  be  sit  down  in  his  place. — 
Scob.  6. 

A question  of  order  may  be  adjourned  to  give  time 
to  look  into  precedents. — 2 Hats.  118. 

In  the  Senate  of  the  United  States,  every  question  of  order  is  to  be 
decided  by  the  President,  without  debate : but  if  there  be  a doubt  in 
his  mind,  he  may  call  for  the  sense  of  the  Senate. — Rule  6. 

If  any  member,  in  speaking,  or  otherwise,  transgress  the  rules  of  the 


ORDERS  OF  THE  HOUSE. 


45 


House,  the  Speaker  shall,  or  any  member  may,  call  to  order ; in  which 
case  the  member  so  called  to  order  shall  immediately  sit  down,  unless 
permitted  to  explain ; and  the  House  shall,  if  appealed  to,  decide  on 
the  case,  but  without  debate  : if  there  be  no  appeal,  the  decision  of 
the  Chair  shall  be  submitted  to.  If  the  decision  be  in  favour  of  the 
member  called  to  order,  he  shall  be  at  liberty  to  proceed ; if  otherwise, 
he  shall  not  be  permitted  to  proceed  without  leave  of  the  House;  and, 
if  the  case  require  it,  he  shall  be  liable  to  the  censure  of  the  House. 
— Rules  H.  R.  21. 

In  Parliament,  all  decisions  of  the  Speaker  may  be 
controlled  by  the  House. — 3 Grrey , 319. 


SECTION  XVIII. 

ORDERS  OF  THE  HOUSE. 

Of  right,  the  door  of  the  House  ought  not  to  he 
shut,  but  to  be  kept  by  porters,  or  sergeants-at-arms, 
assigned  for  that  purpose. — Mod.  ten.  Pari.  23. 

By  the  rule  of  the  Senate,  on  motion  made  and  seconded  to  shut 
the  doors  of  the  Senate,  on  the  discussion  of  any  business  which  may. 
in  the  opinion  of  a member,  require  secrecy,  the  President  shall  direct 
the  Gallery  to  be  cleared ; and  during  the  discussion  of  such  motion 
the  door  shall  remain  shut. — Rule  18. 

No  motion  shall  be  deemed  in  order,  to  admit  any  person  or  persons 
whatever  within  the  doors  of  the  Senate-chamber,  to  present  any  pe- 
tition, memorial,  or  address,  or  to  hear  any  such  read. — Rule  19. 

The  only  case  where  a member  has  a right  to  in- 
sist on  any  thing,  is  where  he  calls  for  the  execution 
of  a subsisting  order  of  the  House.  Here,  there 
having  been  already  a resolution,  any  member  has  a 
right  to  insist  that  the  Speaker,  or  any  other  whose 
duty  it  is,  shall  carry  it  into  execution ; and  no  de- 
bate or  delay  can  be  had  on  it.  Thus  any  member 
has  a right  to  have  the  House  or  gallery  cleared  of 


46 


ORDERS  OF  THE  HOUSE. 


strangers,  an  order  existing  for  that  purpose ; or  to 
have  the  House  told  when  there  is  not  a quorum  pre- 
sent.— 2 Hats.  87,  129.  How  far  an  order  of  the 
House  is  binding,  see  JLalcew.  392. 

But  where  an  order  is  made  that  any  particular 
matter  be  taken  up  on  a particular  day,  there  a ques- 
tion is  to  he  put  when  it  is  called  for,  Whether  the 
House  will  now  proceed  to  that  matter  ? Where  or- 
ders of  the  day  are  on  important  or  interesting  mat- 
ter, they  ought  not  to  be  proceeded  on  till  an  hour  at 
which  the  House  is  usually  full — {which  in  Senate  is 
at  noon.) 

Orders  of  the  day  may  be  discharged  at  any  time, 
and  a new  one  made  for  a different  day. — 3 Grey,  48, 

313. 

When  a session  is  drawing  to  a close,  and  the  im- 
portant bills  are  all  brought  in,  the  House,  in  order 
to  prevent  interruption  by  further  unimportant  bills, 
sometimes  come  to  a resolution,  that  no  new  bill  be 
brought  in,  except  it  be  sent  from  the  other  House. — 
3 Grey,  156. 

All  orders  of  the  House  determine  with  the  session ; 
and  one  taken  under  such  an  order  may,  after  the 
session  is  ended,  be  discharged  on  a Habeas  Corpus. 
— Raym.  120;  Jacob's  L.  I).  by  Ruff  head ; Parlia- 
ment, 1 Lev.  165,  Pritchard' s case. 

Where  the  Constitution  authorizes  each  House  to  determine  the. 
rules  of  its  proceeding’s,  it  must  mean  in  those  cases,  legislative,  exe- 
cutive, or  judiciary,  submitted  to  them  by  the  Constitution,  or  in  some- 
thing relating  to  these,  and  necessary  towards  their  execution.  But 
orders  and  resolutions  are  sometimes  entered  in  the  journals,  having 
no  relation  to  these,  such  as  acceptances  of  invitations  to  attend  ora- 
tions, to  take  part  in  processions,  &c.  These  must  be  understood  to 
be  merely  conventional  among  those  who  are  willing  to  participate  in 
the  ceremony,  and  are  therefore,  perhaps,  improperly  placed  among 
the  records  of  the  House. 


PETITIONS. 


47 


SECTION  XIX. 

PETITIONS. 

A petition  prays  something.  A remonstrance  has 
no  prayer. — 1 Grey , 58. 

Petitions  must  he  subscribed  by  the  petitioners, 
Scob.  87 ; L.  Pari.  c.  22 ; 9 Grey , 362,  unless  they 
are  attending,  1 Grey , 401,  or  unable  to  sign,  and 
averred  by  a member. — 3 Grey , 418.  But  a petition 
not  subscribed,  but  which  the  member  presenting  it 
affirmed  to  be  all  in  the  handwriting  of  the  petitioner, 
and  his  name  written  in  the  beginning,  was,  on  the 
question,  (March  14,  1800,)  received  by  the  Senate. 
The  averment  of  a member,  or  somebody  without 
doors,  that  they  know  the  handwriting  of  the  peti- 
tioners, is  necessary,  if  it  be  questioned.  6 Grey , 36. 
It  must  be  presented  by  a member,  not  by  the  peti- 
tioners, and  must  be  opened  by  him,  holding  it  in  his 
hand. — 10  Grey , 57. 

Before  any  petition  or  memorial,  addressed  to  the  Senate,  shall  be 
received  and  read  at  the  table,  whether  the  same  shall  be  introduced 
by  the  President  or  a member,  a brief  statement  of  the  contents  of 
the  petition  or  memorial  shall  verbally  be  made  by  the  introducer. — 
Rule  24. 

Petitions,  memorials,  and  other  papers,  addressed  to  the  House,  shall 
be  presented  by  the  Speaker,  or  by  a member  in  his  place ; a brief 
statement  of  the  contents  thereof  shall  be  made  verbally  by  the  intro- 
ducer ; they  shall  not  be  debated  on  the  day  of  their  being  presented, 
nor  on  any  day  assigned  by  the  House  for  the  receipt  of  petitions  after 
the  first  thirty  days  of  the  session,  unless  where  the  House  shall  direct 
otherwise,  but  shall  lie  on  the  table,  to  be  taken  up  in  the  order  in 
which  they  were  presented. — Rule  H.  R.  55. 

Regularly  a motion  for  receiving  it  must  be  made 
and  seconded,  and  a question  put,  Whether  it  shall  be 


48 


MOTIONS. 


received?  But  a cry  from  the  House  of  “ Received,” 
or  even  its  silence,  dispenses  with  the  formality  of 
this  question : it  is  then  to  be  read  at  the  table,  and 
disposed  of. 


SECTION  XX. 

MOTIONS. 

When  a motion  has  been  made,  it  is  not  to  be  put 
to  the  question,  or  debated,  until  it  is  seconded. — 
Scob.  21. 

The  Senate  say,  No  motion  shall  be  debated  until  the  same  shall 
be  seconded. — Rule  9. 

It  is  then,  and  not  till  then,  in  possession  of  the 
House.  It  is  to  be  put  into  writing,  if  the  House  or 
Speaker  require  it,  and  must  be  read  to  the  House  by 
the  Speaker,  as  often  as  any  member  desires  it  for  his 
information. — 2 Hats.  82. 

The  rule  of  the  Senate  is,  When  a motion  shall  be  made  and  sec- 
onded, it  shall  be  reduced  to  writing,  if  desired  by  the  President  or 
any  member,  delivered  in  at  the  table,  and  read  by  the  President, 
before  the  same  shall  be  debated. — Rule  10. 

When  a motion  is  made  and  seconded,  it  shall  be  stated  by  the 
Speaker ; or,  being  in  writing,  it  shall  be  handed  to  the  chair,  and 
read  aloud  by  the  clerk  before  debated. — Rules  H.  R.  38. 

Every  motion  shall  be  reduced  to  writing,  if  the  Speaker  or  any 
member  desire  it. — Rules  H.  R.  39. 

It  might  be  asked,  whether  a motion  for  adjourn- 
ment, or  for  the  orders  of  the  day,  can  be  made  by 
one  member  while  another  is  speaking  ? It  cannot. 
When  two  members  offer  to  speak,  he  who  rose  first 
is  to  be  heard,  and  it  is  a breach  of  order  in  another 
to  interrupt  him,  unless  by  calling  him  to  order  if  he 


RESOLUTIONS — BILLS. 


49 


departs  from  it.  And  the  question  of  order  being  de- 
cided, he  is  still  to  be  heard  through.  A call  for  ad- 
journment, or  for  the  order  of  the  day,  or  for  the 
question,  by  gentlemen  from  their  seats,  is  not  a mo- 
tion. No  motion  can  be  made  without  arising  and 
addressing  the  chair.  Such  calls  are  themselves 
breaches  of  order,  which,  though  the  member  who  has 
risen  may  respect  as  an  expression  of  impatience  of 
the  House  against  farther  debate,  yet,  if  he  chooses, 
he  has  a right  to  go  on. 

O © 


SECTION  XXI. 

RESOLUTIONS. 

When  the  House  commands,  it  is  by  an  “ order.” 
But  facts,  principles,  their  own  opinions  and  purposes, 
are  expressed  in  the  form  of  resolutions. 

A resolution  for  an  allowance  of  money  to  the  clerks  being  moved, 
it  was  objected  to  as  not  in  order,  and  so  ruled  by  the  chair.  But  on 
appeal  to  the  Senate,  (i.  e.,  a call  for  their  sense  by  the  President,  on 
account  of  doubt  in  his  mind,  according  to  Rule  16,)  the  decision  was 
overruled.  — Journ.  Sen.,  June  1,  1796.  I presume  the  doubt  was, 
whether  an  allowance  of  money  could  be  made  otherwise  than  by 
bill. 


SECTION  XXII. 

BILLS. 

Evert  bill  shall  receive  three  readings  previous  to  its  being  passed ; 
and  the  President  shall  give  notice  at  each,  whether  it  be  the  first, 
second,  or  third ; which  readings  shall  be  on  three  different  days, 
unless  the  Senate  unanimously  direct  otherwise. — Rule  26. 


50 


BILLS,  FIRST  READING. 


Every  bill  shall  be  introduced  on  the  report  of  a committee,  or  by 
motion  for  leave.  In  the  latter  case,  at  least  one  day’s  notice  shall  be 
given  of  the  motion;  and  the  motion  shall  be  made,  and  the  bill  intro- 
duced, if  leave  is  given,  when  resolutions  are  called  for:  such  motion, 
or  the  bill  when  introduced,  may  be  committed. — Rules  H.  R.  108. 


SECTION  XXIII. 

BILLS,  LEAVE  TO  BRING  IN. 

One  day’s  notice,  at  least,  shall  be  given  of  an  intended  motion  for 
leave  to  bring  in  a bill. — Rule  25. 

When  a member  desires  to  bring  a bill  on  any  sub- 
ject, he  states  to  the  House,  in  general  terms,  the 
causes  for  doing  it,  and  concludes  by  moving  for  leave 
to  bring  in  a bill,  entitled,  &c.  Leave  being  given, 
on  the  question,  a committee  is  appointed  to  prepare 
and  bring  in  the  bill.  The  mover  and  seconder  are 
always  appointed  on  this  committee,  and  one  or  more 
in  addition. — Hakew.  132  ; Scob.  40. 

It  is  to  be  presented  fairly  written,  without  any  era- 
sure or  interlineation  ; or  the  Speaker  may  refuse  it. 
—jS cob.  31 ; 1 Grey,  82,  84. 


SECTION  XXI Y. 

BILLS,  FIRST  READING. 

When  a bill  is  first  presented,  the  clerk  reads  it  at 
the  table,  and  hands  it  to  the  Speaker,  who,  rising, 
states  to  the  House  the  title  of  the  bill ; that  this  is 
the  first  time  of  reading  it ; and  the  question  will  be, 


BILLS,  SECOND  READING. 


51 


Whether  it  shall  be  read  a second  time  ? Then,  sit- 
ting down,  to  give  an  opening  for  objections  ; if  none 
be  made,  he  rises  a,gain,  and  puts  the  question,  Whe- 
ther it  shall  be  read  a second  time  ? — Hakew.  137, 
141.  A bill  cannot  be  amended  at  the  first  reading, 
— 6 Grey , 286 ; nor  is  it  usual  for  it  to  be  opposed 
then,  but  it  may  be  done  and  rejected. — D' Ewes , 335, 
col.  1 ; 3 Hats.  198.  ( Vide  Rules  H.  R.  109.) 


SECTION  XXV. 

BILLS,  SECOND  READING. 

The  second  reading  must  regularly  be  on  another 
day. — Hakeio.  143.  It  is  done  by  the  clerk  at  the 
table,  who  then  hands  it  to  the  Speaker.  The  Speaker, 
rising,  states  to  the  House  the  title  of  the  bill,  that 
this  is  the  second  time  of  reading  it,  and  that  the 
question  will  be,  Whether  it  shall  be  committed,  or 
engrossed  and  read  a third  time  ? But  if  the  bill 
came  from  the  other  House,  as  it  always  comes  en- 
grossed, he  states  that  the  question  will  be,  Whether 
it  shall  be  read  a third  time  ? And  before  he  has  so 
reported  the  state  of  the  bill,  no  one  is  to  speak  to 
it. — Hakew.  143,  146. 

In  the  Senate  of  the  United  States,  the  President  reports  the  title 
of  the  bill,  that  this  is  the  second  time  of  reading  it,  that  it  is  now  to 
be  considered  as  in  a committee  of  the  whole,  and  the  question  will 
be,  Whether  it  shall  be  read  a third  time  ? or,  that  it  may  be  referred 
to  a special  committee. — Vide  Rule  27. 


52 


BILLS,  COMMITMENT. 


SECTION  XXVI. 

BILLS,  COMMITMENT. 

If,  on  motion  and  question,  it  be  decided  that  the 
bill  shall  be  committed,  it  may  then  be  moved  to  be 
referred  to  a committee  of  the  whole  House,  or  to  a 
special  committee.  If  the  latter,  the  Speaker  proceeds 
to  name  the  committee.  Any  member  also  may  name 
a single  person,  and  the  clerk  is  to  write  him  down  as 
of  the  committee.  But  the  House  have  a controlling- 
power  over  the  names  and  number,  if  a question  be 
moved  against  any  one ; and  may  in  any  case  put  in 
and  put  out  whom  they  please. 

Those  who  take  exceptions  to  some  particulars  in 
the  bill,  are  to  be  of  the  committee.  But  none  who 
speak  directly  against  the  body  of  the  bill.  For  he 
that  would  totally  destroy,  would  not  amend  it. — 
Halcew.  146 ; Town.  col.  208 ; D’JEwes,  634,  col.  2 ; 
Scob.  47 ; or,  as  is  said,  5 Grey,  145,  the  child  is  not 
to  be  put  to  a nurse  that  cares  not  for  it. — 6 Grey, 
373.  It  is  therefore  a constant  rule,  “ that  no  man 
is  to  be  employed  in  any  matter  who  has  declared 
himself  against  it.”  And  when  any  member  who  is 
against  the  bill,  hears  himself  named  of  its  committee, 
he  ought  to  ask  to  be  excused.  Thus,  March  6, 1606, 
Mr.  Hadley  was,  on  the  question  being  put,  excused 
from  being  of  a committee,  declaring  himself  to  be 
against  the  matter  itself. — Scob.  48. 

No  bill  shall  be  committed  or  amended  until  it  shall  have  been 
twice  read,  after  which  it  may  be  referred  to  a committee. — Rule  27. 

The  first  reading  of  a bill  shall  be  for  information ; and  if  opposition 
be  made  to  it,  the  question  shall  be,  “Shall  this  bill  be  rejected?”  If 


BILLS. 


53 


no  opposition  be  made,  or  if  the  question  to  reject  be  negatived,  the 
bill  shall  go  to  its  second,  reading  without  a question. — Rules  H. 
RAW. 

In  the  appointment  of  the  standing  committees,  the  Senate  will 
proceed,  by  ballot,  severally  to  appoint  the  chairman  of  each  committee, 
and  then,  by  one  ballot,  the  other  members  necessary  to  complete  the 
same ; and  a majority  of  the  whole  number  of  votes  given  shall  be 
necessary  to  the  choice  of  a chairman  of  a standing  committee.  All 
other  committees  shall  be  appointed  by  ballot,  and  a plurality  of  votes 
shall  make  a choice.  When  any  subject  or  matter  shall  have  been 
referred  to  a committee,  any  other  subject  or  matter  of  a similar 
nature  may,  on  motion,  be  referred  to  such  committee. — Rule  34. 

The  clerk  may  deliver  the  bill  to  any  member  of 
the  committee. — Town.  col.  138.  But  it  is  usual  to 
deliver  it  to  him  who  is  first  named. 

In  some  cases,  the  House  has  ordered  the  committee 
to  withdraw  immediately  into  the  committee-chamber, 
and  act  on  and  bring  back  the  bill,  sitting  the  House. 
— & 'cob.  48.  Vide  Rules  H.  R.  102. 

A committee  meets  when  and  where  they  please, 
if  the  House  has  not  ordered  time  and  place  for 
them. — G Grey , 370.  But  they  can  only  act  when 
together,  and  not  by  separate  consultation  and  con- 
sent ; nothing  being  the  report  of  the  committee,  but 
what  has  been  agreed  to  in  committee  actually  assem- 
bled. 

A majority  of  the  committee  constitutes  a quorum 
for  business. — Elsynges  method  of  passing  hills,  11. 

Any  member  of  the  House  may  be  present  at  any 
select  committee,  but  cannot  vote,  and  must  give  place 
to  all  of  the  committee,  and  must  sit  below  them. — 
Elsynge , 12  ; Scoh.  49. 

The  committee  have  full  power  over  the  bill,  or 
other  paper  committed  to  them,  except  that  they  can- 
not change  the  title  or  subject. — 8 G-rey , 228. 

The  paper  before  a committee,  whether  select  or 
of  the  whole,  may  be  a bill,  resolutions,  draught  of  an 
3 


54 


BILLS. 


address,  &c.,  and  it  may  either  originate  ‘with  them, 
or  be  referred  to  them.  In  every  case,  the  whole  paper 
is  read  first  by  the  clerk,  and  then  by  the  chairman, 
by  paragraphs,  Scob.  49,  pausing  at  the  end  of  each 
paragraph,  and  putting  questions,  for  amending,  if 
proposed.  In  the  case  of  resolutions  on  distinct  sub- 
jects, originating  with  themselves,  a question  is  put 
on  each  separately,  as  amended,  or  unamended,  and 
no  final  question  on  the  whole. — 3 Hats.  276.  But 
if  they  relate  to  the  same  subject,  a question  is  put 
on  the  whole.  If  it  be  a bill,  draught  of  an  address, 
or  other  paper  originating  with  them,  they  proceed 
by  paragraphs,  putting  questions  for  amending,  either 
by  inserting  or  striking  out,  if  proposed ; but  no  ques- 
tion on  agreeing  to  the  paragraphs  separately.  This 
is  reserved  to  the  close,  when  a question  is  put  on 
the  whole  for  agreeing  to  it  as  amended  or  unamended. 
But  if  it  be  a paper  referred  to  them,  they  proceed  to 
put  questions  of  amendment,  if  proposed,  but  no  final 
question  on  the  whole  ; because  all  parts  of  the  paper 
having  been  adopted  by  the  House,  stand,  of  course, 
unless  altered,  or  struck  out  by  a vote.  Even  if  they 
are  opposed  to  the  whole  paper,  and  think  it  cannot 
be  made  good  by  amendments,  they  cannot  reject  it, 
but  must  report  it  back  to  the  House  without  amend- 
ments, and  there  make  their  opposition. 

The  natural  order  in  considering  and  amending  any 
paper  is,  to  begin  at  the  beginning,  and  proceed  through 
it  by  paragraphs : and  this  order  is  so  strictly  adhered 
to  in  Parliament,  that,  when  a latter  part  has  been 
amended,  you  cannot  recur  back  and  make  any  alter- 
ation in  a former  part. — 2 Hats.  90.  In  numerous 
assemblies,  this  restraint  is,  doubtless,  important. 

But  in  the  Senate  of  the  United  States,  though  in  the  main  we  con 
sider  and  amend  the  paragraphs  in  their  natural  order,  yet  recurrences 


BILLS. 


55 


are  indulged ; and  they  seem,  on  the  whole,  in  that  small  body,  to 
produce  advantages  overweighing  their  inconveniences. 

To  this  natural  order  of  beginning  at  the  beginning, 
there  is  a single  exception  found  in  Parliamentary 
usage.  When  a bill  is  taken  up  in  committee,  or  on 
its  second  reading,  they  postpone  the  preamble,  till 
the  other  parts  of  the  bill  are  gone  through.  The 
reason  is,  that  on  consideration  of  the  body  of  the  bill, 
such  alterations  may  therein  be  made,  as  may  also 
occasion  the  alteration  of  the  preamble. — Scob.  50 ; 
7 Grey , 431. 

On  this  head,  the  following  case  occurred  in  the 
Senate,  March  6,  1800.  A resolution  which  had  no 
preamble,  having  been  already  amended  by  the  House, 
so  that  a few  words  only  of  the  original  remained  in 
it,  a motion  was  made  to  prefix  a preamble,  which, 
having  an  aspect  very  different  from  the  resolution, 
the  mover  intimated  that  he  should  afterwards  propose 
a correspondent  amendment  in  the  body  of  the  reso- 
lution. It  was  objected  that  a preamble  could  not  be 
taken  up  till  the  body  of  the  resolution  is  done  with. 
But  the  preamble  was  received ; because  we  are  in  fact 
through  the  body  of  the  resolution,  we  have  amended 
that  as  far  as  amendments  have  been  offered,  and  in- 
deed till  little  of  the  original  is  left.  It  is  the  proper 
time,  therefore,  to  consider  a preamble ; and  whether 
the  one  offered  be  consistent  with  the  resolution,  is  for 
the  House  to  determine.  The  mover,  indeed,  has  in- 
timated that  he  shall  offer  a subsequent  proposition 
for  the  body  of  the  resolution ; but  the  House  is  not  in 
possession  of  it ; it  remains  in  his  breast,  and  may  be 
withheld.  The  rules  of  the  House  can  only  operate 
on  what  is  before  them.  The  practice  of  the  Senate, 
too,  allows  recurrences  backwards  and  forwards  for 
the  purpose  of  amendments,  not  permitting  amend- 
ments in  a subsequent,  to  preclude  those  in  a prior 
part,  or  e converso. 


56 


REPORT  OE  COMMITTEE. 


When  the  committee  is  through  the  whole,  a mem- 
ber moves  that  the  committee  may  rise,  and  the  chair- 
man report  the  paper  to  the  House,  with  or  without 
amendments,  as  the  case  may  be. — 2 Hats.  289,  292 ; 
Scob.  53  ; 2 Hats.  290  ; 8 Scob.  50. 

When  a vote  is  once  passed  in  a committee,  it  can- 
not be  altered  but  by  the  House,  their  votes  being 
binding  on  themselves. — 1607,  June  4. 

The  committee  may  not  erase,  interline,  or  blot  the 
bill  itself;  but  must,  in  a paper  by  itself,  set  down  the 
amendments,  stating  the  words  that  are  to  be  inserted 
or  omitted,  Scob.  50 ; and  where,  by  reference  to  the 
page,  line,  and  word  of  the  bill. — Scob.  50. 


SECTION  XXVII. 

REPORT  OE  COMMITTEE. 

The  chairman  of  the  committee,  standing  in  his 
place,  informs  the  House  that  the  committee,  to  whom 
was  referred  such  a bill,  have,  according  to  order,  had 
the  same  under  consideration,  and  have  directed  him 
to  report  the  same  without  any  amendment,  or  with 
sundry  amendments,  (as  the  case  may  be,)  which  he 
is  ready  to  do  when  the  House  pleases  to  receive  it. 
And  he,  or  any  other,  may  move  that  it  be  now  re- 
ceived. But  the  cry  of  “now,  now,”  from  the  House, 
generally  dispenses  with  the  formality  of  a motion  and 
question.  lie  then  reads  the  amendments,  with  the 
coherence  in  the  bill,  and  opens  the  alterations,  and 
the  reasons  of  the  committee  for  such  amendments, 
until  he  has  gone  through  the  whole.  He  then  de- 
livers it  at  the  clerk’s  table,  where  the  amendments 
reported  are  read  by  the  clerk,  without  the  coherence ; 
whereupon  the  papers  lie  upon  the  table,  till  the 


BILL,  RECOMMITMENT — REPORT  TAKEN  UP.  57 

House,  at  his  convenience,  shall  take  up  the  report. — 
Scob.  52  ; Hakew.  148. 

The  report  being  made,  the  committee  is  dissolved, 
and  can  act  no  more  without  a new  power. — Scob.  51. 
But  it  may  be  revived  by  a vote,  and  the  same  matter 
recommitted  to  them. — 4 Crrey,  361. 


SECTION  XXVIII. 

BILL,  RECOMMITMENT. 

After  a bill  has  been  committed  and  reported,  it 
ought  not,  in  an  ordinary  course,  to  be  recommitted. 
But  in  cases  of  importance,  and  for  special  reasons,  it 
is  sometimes  recommitted,  and  usually  to  the  same 
committee.  Hakew.  151.  If  a report  be  committed 
before  agreed  to  in  the  House,  what  has  passed  in  the 
committee  is  of  no  validity;  the  whole  question  is 
again  before  the  committee,  and  a new  resolution 
must  be  again  moved,  as  if  nothing  had  passed. — 3 
Hats.  131,  note. 

In  Senate,  January,  1800,  the  salvage  bill  was  re- 
committed three  times  after  the  commitment. 

A particular  clause  of  a bill  may  be  committed  with- 
out the  whole  bill, — 3 Hats.  131 ; or  so  much  of  a 
paper  to  one,  and  so  much  to  another  committee. 


SECTION  XXIX. 

BILL,  REPORT  TAKEN  UP. 

When  the  report  of  a paper,  originating  with  a 
committee,  is  taken  up  by  the  House,  they  proceed 
exactly  as  in  committee.  Here,  as  in  committee, 


58 


QUASI-COMMITTEE. 


. when  the  paragraphs  have,  on  distinct  questions,  been 
agreed  to  seriatim , — 5 Grey , 366  ; 6 Grey , 368  ; 8 
Grey , 47,  104,  360 ; 1 Torbuck’ s deb.  125 ; 3 Hats. 
348, — no  question  needs  be  put  on  the  wdiole  report. 
5 Grey , 381. 

On  taking  up  a hill  reported  with  amendments,  the 
amendments  only  are  read  by  the  clerk.  The  Speaker 
then  reads  the  first,  and  puts  it  to  the  question,  and 
so  on  till  the  whole  are  adopted  or  rejected,  before 
any  other  amendment  be  admitted,  except  it  be  an 
amendment  to  an  amendment. — JElsynge  s Mem.  23. 
When  through  the  amendments  of  the  committee,  the 
Speaker  pauses,  and  gives  time  for  amendments  to  be 
proposed  in  the  House  to  the  body  of  the  bill ; as  he 
does  also  if  it  has  been  reported  without  amendments ; 
putting  no  question  but  on  amendments  proposed ; 
and  when  through  the  whole,  he  puts  the  question, 
Whether  the  hill  shall  be  read  the  third  time  ? 


SECTION  XXX. 

QUASI-COMMITTEE. 

If,  on  the  motion  and  question,  the  bill  he  not  com- 
mitted, or  if  no  proposition  for  commitment  be  made, 
then  the 'proceedings  in  the  Senate  of  the  United 
States  and  in  Parliament  are  totally  dilferent.  The 
former  shall  be  first  stated. 

The  28th  rule  of  the  Senate  says,  “All  bills,  on  a second  reading, 
shall  first  be  considered  by  the  Senate  in  the  same  manner  as  if  the 
Senate  were  in  a committee  of  the  whole,  before  they  shall  be  taken  up 
and  proceeded  on  by  the  Senate  agreeably  to  the  standing  rules,  unless 
otherwise  ordered that  is  to  say,  unless  ordered  to  be  referred  to  a 
special  committee.  And  when  the  Senate  shall  consider  a treaty,  bill. 


QUASI-COMMITTEE. 


59 


or  resolution,  as  in  committee  of  the  whole,  the  Vice-President  or 
President  pro  tempore  may  call  a member  to  fill  the  chair,  during-  the 
time  the  Senate  shall  remain  in  committee  of  the  whole ; and  the 
chairman  so  called  shall,  during  such  time,  have  the  powers  of  a 
President  pro  tempore. 

The  proceedings  of  the  Senate,  as  in  a committee  of  the  whole,  or 
in  quasi-committee,  are  precisely  as  in  a real  committee  of  the  whole, 
taking  no  questions  but  on  amendments.  When  through  the  whole, 
they  consider  the  quasi-committee  as  risen,  the  House  resumed,  without 
any  motion,  question,  or  resolution  to  that  effect,  and  the  President 
reports,  that  “the  House,  acting  as  in  committee  of  the  whole,  have 
had  under  consideration  the  bill  entitled,  &c.,  and  have  made  sundry 
amendments,  which  he  will  now  report  to  the  House.”  The  bill  is 
then  before  them,  as  it  would  have  been  if  reported  from  a committee, 
and  questions  are  regularly  to  be  put  again  on  every  amendment ; 
which  being  gone  through,  the  President  pauses  to  give  time  to  the 
House  to  propose  amendments  to  the  body  of  the  bill,  and  when 
through,  puts  the  question,  whether  it  shall  be  read  a third  time  ? 

After  progress  in  amending  a bill  in  quasi-committee,  a motion  may 
be  made  to  refer  it  to  a special  committee.  If  the  motion  prevails,  it 
is  equivalent  in  effect  to  the  several  votes  that  the  committee  rise,  the 
House  resume  itself,  discharge  the  committee  of  the  whole,  and  refer 
the  bill  to  a special  committee.  In  that  case,  the  amendments  already 
made  fall.  But  if  the  motion  fails,  the  quasi-committee  stands  in 
statu  quo. 

How  far  does  this  28th  rule  subject  the  House, 
when  in  quasi-committee,  to  the  laws  which  regulate 
the  proceedings  of  a committee  of  the  whole  ? The 
particulars,  in  which  these  differ  from  proceedings  in 
the  House,  are  the  following:  — 1.  In  a committee, 
every  member  may  speak  as  often  as  he  pleases. — 2. 
The  votes  of  a committee  may  be  rejected  or  altered 
when  reported  to  the  House. — 3.  A committee,  even 
of  the  whole,  cannot  refer  any  matter  to  another  com- 
mittee.— 4.  In  a committee,  no  previous  question  can 
he  taken : the  only  means  to  avoid  an  improper 


60 


BILL,  SECOND  READING. 


discussion,  is  to  move  that  the  committee  rise : and 
if  it  be  apprehended  that  the  same  discussion  will 
be  attempted  on  returning  into  committee,  the  House 
can  discharge  them,  and  proceed  itself  on  the  busi- 
ness, keeping  down  the  improper  discussion  by  the 
previous  question. — 5.  A committee  cannot  punish  a 
breach  of  order,  in  the  House,  or  in  the  gallery, — 
9 Grey , 113 ; it  can  only  rise  and  report  it  to  the 
House,  who  may  proceed  to  punish. 

The  1st  and  2d  of  these  peculiarities  attach  to  the  quasi-committee 
of  the  Senate,  as  every  day’s  practice  proves ; and  seem  to  be  the  only 
ones  to  which  the  28th  rule  meant  to  subject  them : for  it  continues 
to  be  a House,  and  therefore,  though  it  acts  in  some  respects  as  a 
committee,  in  others  it  preserves  its  character  as  a House. — Thus,  3d, 
It  is  in  the  daily  habit  of  referring  its  business  to  a special  committee. 
— 4th.  It  admits  the  previous  question  : if  it  did  not,  it  would  have  no 
means  of  preventing  an  improper  discussion ; not  being  able,  as  the 
committee  is,  to  avoid  it  by  returning  into  the  House : for  the  moment 
it  would  resume  the  same  subject  there,  the  20th  rule  declares  it  again 
a quasi-committee. — 5th.  It  would  doubtless  exercise  its  powers  as  a 
House  on  any  breach  of  order. — 6th.  It  takes  a question  by  Yea  and 
Nay,  as  the  House  does. — 7th.  It  receives  messages  from  the  Presi- 
dent and  the  other  House. — 8th.  In  the  midst  of  a debate,  it  receives 
a motion  to  adjourn,  and  adjourns  as  a House,  not  as  a committee. 


SECTION  XXXI. 

BILL,  SECOND  READING  IN  THE  HOUSE. 

In  Parliament,  after  the  bill  has  been  read  a second 
time,  if,  on  the  motion  and  question,  it  be  not  com- 
mitted, or  if  no  proposition  for  commitment  be  made, 
the  Speaker  reads  it  by  paragraphs,  pausing  between 


BILL,  SECOND  READING. 


61 


each,  but  putting  no  questions  but  on  amendments 
proposed ; and  when  through  the  whole,  he  puts  the 
question,  Whether  it  shall  be  read  a third  time  ? if  it 
came  from  the  other  House.  Or,  if  originating  with 
themselves,  Whether  it  shall  be  engrossed  and  read  a 
third  time  ? The  Speaker  reads  sitting,  but  rises  to 
put  a question.  The  clerk  stands  while  he  reads. 

But  the  Senate  of  the  United  States  is  so  much  in  the  habit  of 
making  many  and  material  amendments  at  the  third  reading,  that  it 
has  become  the  practice  not  to  engross  a bill  till  it  has  passed.  An 
irregular  and  dangerous  practice ; because,  in  this  way,  the  paper 
which  passes  the  Senate  is  not  that  which  goes  to  the  other  House  ; 
and  that  which  goes  to  the  other  House  as  the  act  of  the  Senate,  has 
never  been  seen  in  Senate.  In  reducing  numerous,  difficult,  and  ille- 
gible amendments  into  the  text,  the  secretary  may,  with  the  most  in- 
nocent intentions,  commit  errors  which  can  never  again  be  corrected.* 


The  bill  being  now  as  perfect  as  its  friends  can 
make  it,  this  is  the  proper  stage  for  those,  fundament- 
ally opposed,  to  make  their  first  attack.  All  attempts 
at  other  periods  are  with  disjointed  efforts ; because 
many  who  do  not  expect  to  be  in  favour  of  the  bill, 
ultimately,  are  willing  to  let  it  go  on  to  its  perfect 


* This  difficulty  has  since  been  obviated  by  the  following  Rule  of 
the  Senate  : 

“ The  final  question  upon  the  second  reading  of  every  bill,  resolu- 
tion, constitutional  amendment,  or  motion,  originating  in  the  Senate, 
and  requiring  three  readings  previous  to  being  passed,  shall  be,  Whe- 
ther it  shall  be  engrossed  and  read  a third  time?  and  no  amendment 
shall  be  received  for  discussion  at  the  third  reading  of  any  bill,  reso- 
lution, amendment,  or  motion,  unless  by  unanimous  consent  of  the 
members  present:  but  it  shall  at  all  times  be  in  order,  before  the  final 
passage  of  any  such  bill,  resolution,  constitutional  amendment,  or 
motion,  to  move  its  commitment;  and  should  such  commitment  take 
place,  and  any  amendment  be  reported  by  the  committee,  the  said 
bill,  resolution,  constitutional  amendment,  or  motion,  shall  be  again 
read  a second  time,  and  considered  as  in  committee  of  the  whole,  and 
then  the  aforesaid  question  shall  be  again  put  ” — Rule  29. 


62 


READING  PAPERS. 


state,  to  take  time  to  examine  it  themselves,  and  to 
hear  what  can  be  said  for  it ; knowing  that,  after  all, 
they  have  sufficient  opportunities  of  giving  it  their 
veto.  Its  two  last  stages,  therefore,  are  reserved  for 
this,  that  is  to  say,  on  the  question,  Whether  it  shall 
he  engrossed  and  read  a third  time  ? and,  lastly, 
Whether  it  shall  pass  ? The  first  of  these  is  usually 
the  most  interesting  contest ; because  then  the  whole 
subject  is  new  and  ‘ engaging,  and  the  minds  of  the 
members  having  not  yet  been  declared  by  any  trying 
vote,  the  issue  is  the  more  doubtful.  In  this  stage, 
therefore,  is  the  main  trial  of  strength  between  its 
friends  and  opponents ; and  it  behooves  every  one 
to  make  up  his  mind  decisively  for  this  question,  or 
he  loses  the  main  battle ; and  accident  and  manage- 
ment may,  and  often  do,  prevent  a successful  rallying 
on  the  next  and  last  question,  Whether  it  shall  pass  ? 

When  the  bill  is  engrossed,  the  title  is  to  be  en- 
dorsed on  the  back,  and  not  within  the  bill. — Hakew. 
250. 


SECTION  XXXII. 

READING  PAPERS. 

Where  papers  are  laid  before  the  House,  or  re- 
ferred to  a committee,  every  member  has  a right  to 
have  them  once  read  at  the  table,  before  he  can  be 
compelled  to  vote  on  them.  But  it  is  a great,  though 
common  error,  to  suppose  that  he  has  a right,  toties 
quoties,  to  have  acts,  journals,  accounts,  or  papers, 
on  the  table,  read  independently  of  the  will  of  the 
House.  The  delay  and  interruption  which  this  might 
be  made  to  produce,  evince  the  impossibility  of  the 
existence  of  such  a right.  There  is  indeed  so  mani- 
fest a propriety  of  permitting  every  member  to  have 


PRIVILEGED  QUESTIONS. 


63 


as  much  information  as  possible  on  every  question  on 
.which  he  is  to  vote,  that  when  he  desires  the  reading, 
if  it  be  seen  that  it  is  really  for  information,  and  not 
for  delay,  the  Speaker  directs  it  to  he  read  without 
putting  a question,  if  no  one  objects.  But  if  objected 
to,  a question  must  be  -put. — 2 Hats.  117,  118. 

It  is  equally  an  error  to  suppose,  that  any  member 
has  a right,  without  a question  put,  to  lay  a book  or 
paper  on  the  table,  and  have  it  read,  on  suggesting 
that  it  contains  matter  infringing  on  the  privileges  of 
the  House. — 2 Hats.  117,  118. 

For  the  same  reason,  a member  has  not  a right  to 
read  a paper  in  his  place,  if  it  be  objected  to,  without 
leave  of  the  House.  But  this  rigour  is  never  exercised 
but  where  there  is  an  intentional  or  gross  abuse  of  the 
time  and  patience  of  the  House. 

A member  has  not  a right  even  to  read  his  own 
speech,  committed  to  writing,  without  leave.  This 
also  is  to  prevent  an  abuse  of  time ; and  therefore  is 
not  refused,  but  where  that  is  intended.  2 Grey,  227. 

A report  of  a committee  of  the  Senate  on  a bill 
from  the  House  of  Representatives  being  under  con- 
sideration, on  motion  that  the  report  of  the  committee 
of  the  House  of  Representatives  on  the  same  bill  be 
read  in  the  Senate,  it  passed  in  the  negative. — Feb. 
28,  1793. 

Formerly,  when  papers  were  referred  to  a commit- 
tee, they  used  to  be  first  read ; but  of  late,  only  the 
titles ; unless  a member  insists  they  shall  be  read,  and 
then  nobody  can  oppose  it. — 2 Hats.  117. 

SECTION  XXXIII. 

PRIVILEGED  QUESTIONS. 

When  a question  is  under  debate,  no  motion  shall  be  received  but 
to  adjourn,  to  lie  on  the  table,  to  postpone  indefinitely,  to  postpone  to 


64 


PRIVILEGED  QUESTIONS. 


a day  certain,  to  commit,  or  to  amend ; which  several  motions  shall 
have  precedence  in  the  order  they  stand  arranged,  and  the  motion  for 
adjournment  shall  always  be  in  order,  and  be  decided  without  debate. 
— Rule  11. 

When  a question  is  under  debate,  no  motion  shall  be  received  but 
to  adjourn,  to  lie  on  the  table,  for  the  previous  question,  to  postpone  to 
a day  certain,  to  commit  or  amend,  to  postpone  indefinitely;  which 
several  motions  shall  have  precedence  in  the  order  in  which  they  are 
arranged  : and  no  motion  to  postpone  to  a day  certain,  to  commit,  or 
to  postpone  indefinitely,  being  decided,  shall  be  again  allowed  on  the 
same  day,  and  at  the  same  stage  of  the  bill  or  proposition.  A motion 
to  strike  out  the  enacting  words  of  a bill  shall  have  precedence  of  a 
motion  to  amend,  and  if  carried,  shall  be  considered  equivalent  to  its 
rejection. — Rules  H.  R.  41 

It  is  no  possession  of  a bill,  unless  it  be  delivered 
to  the  clerk  to  be  read,  or  the  Speaker  reads  the 
title. — Lex.  Pari.  274;  Elsynge , Mem.  85;  Ord. 
House  Commons , 64. 

It  is  a general  rule,  that  the  question  first  moved 
and  seconded  shall  be  first  put. — Scob.  28,  22 ; 2 Hats. 
81.  But  this  rule  gives  way  to  what  may  be  called 
privileged  questions  ; and  the  privileged  questions  are 
of  dilferent  grades  among  themselves. 

A motion  to  adjourn,  simply  takes  place  of  all 
others ; for  otherwise  the  House  might  be  kept  sitting 
against  its  will,  and  indefinitely.  Yet  this  motion 
cannot  be  received  after  another  question  is  actually 
put,  and  while  the  House  is  engaged  in  voting. 

Orders  of  the  day  take  place  of  all  other  questions, 
except  for  adjournment.  That  is  to  say,  the  question 
which  is  the  subject  of  an  order,  is  made  a privileged 
one,  pro  hac  vice.  The  order  is  a repeal  of  the  general 
rule  as  to  this  special  case.  When  any  member  moves, 
therefore,  for  the  orders  of  the  day  to  be  read,  no 
further  debate  is  permitted  on  the  question  which  was 
before  the  House  ; for  if  the  debate  might  proceed,  it 
might  continue  through  the  day,  and  defeat  the  order. 


PRIVILEGED  QUESTIONS. 


65 


This  motion,  to  entitle  it  to  precedence,  must  be  for 
the  orders  generally,  and  not  for  any  particular  one ; 
and  if  it  be  carried  on  the  question,  “ Whether  the 
House  will  now  proceed  to  the  orders  of  the  day?” 
they  must  he  read  and  proceeded  on  in  the  course  in 
which  they  stand. — 2 Hats.  83.  For  priority  of  order 
gives  priority  of  right,  which  cannot  be  taken  away 
hut  by  another  special  order. 

After  these  there  are  other  privileged  questions, 
wdiich  will  require  considerable  explanation. 

It  is  proper  that  every  Parliamentary  assembly 
should  have  certain  forms  of  question,  so  adapted  as 
to  enable  them  fitly  to  dispose  of  every  proposition 
which  can  be  made  to  them.  Such  are,  1.  The  pre- 
vious question:  2.  To  postpone  indefinitely:  3.  To 
adjourn  to  a definite  day:  4.  To  lie  on  the  table: 
5.  To  commit : 6.  To  amend.  The  proper  occasion 
for  each  of  these  questions  should  be  understood. 

1.  When  a proposition  is  moved,  which  it  is  useless 
or  inexpedient  now  to  express  or  discuss,  the  previous 
question  has  been  introduced  for  suppressing,  for  that 
time,  the  motion  and  its  discussion.  — 3 Hats.  188, 
189. 

2.  But  as  the  previous  question  gets  rid  of  it  only 
for  that  day,  and  the  same  proposition  may  recur  the 
next  day,  if  they  wish  to  suppress  it  for  the  whole  of 
that  session,  they  postpone  it  indefinitely. — 3 Hats. 
183.  This  quashes  the  proposition  for  that  session, 
as  an  indefinite  adjournment  is  a dissolution,  or  the 
continuance  of  a suit  sine  die  is  a discontinuance 
of  it. 

3.  When  a motion  is  made  which  it  will  be  proper 
to  act  on,  but  information  is  wanted,  or  something 
more  pressing  claims  the  present  time,  the  question  or 
debate  is  adjourned  to  such  a day  within  the  session 
as  will  answer  the  views  of  the  House. — 2 Hats.  81. 
And  those  who  have  spoken  before,  may  not  speak 


66 


PRIVILEGED  QUESTIONS. 


again  when  the  adjourned  debate  is  resumed. — 2 Hats. 
73.  Sometimes,  however,  this  has  been  abusively  used, 
by  adjourning  it  to  a day  beyond  the  session,  to  get 
rid  of  it  altogether,  as  would  be  done  by  an  indefinite 
postponement. 

4.  When  the  House  has  something  else  which  claims 
its  present  attention,  but  would  be  willing  to  reserve 
in  their  power  to  take  up  a proposition  whenever  it 
shall  suit  them,  they  order  it  to  lie  on  their  table.  It 
may  then  be  called  for  at  any  time. 

6.  If  the  proposition  will  want  more  amendment 
and  digestion  than  the  formalities  of  the  House  will 
conveniently  admit,  they  refer  it  to  a committee. 

6.  But  if  the  proposition  be  well  digested,  and  may 
need  but  few  and  simple  amendments,  and  especially 
if  these  be  of  leading  consequence,  they  then  proceed 
to  consider  and  amend  it  themselves. 

The  Senate,  in  their  practice,  vary  from  this  regu- 
lar gradation  of  forms.  Their  practice,  comparatively 
with  that  of  Parliament,  stands  thus  : 


For  the  Parliamentary, 
Postmt.  indefinite. 
Adjournment. 

Laying  on  the  table. 


The  Senate  uses, 

— Postmt.  to  a day  beyond  the  session. 
— Postmt.  to  a day  within  the  session. 
5 Postponement  indefinite. 

( Laying  on  the  table. 


In  their  11th  Rule,  therefore,  which  declares,  that 
while  a question  is  before  the  Senate,  no  motion  shall 
be  received,  unless  it  be  for  the  previous  question,  or 
to  postpone,  commit  or  amend  the  main  question,  the 
term  postponement  must  be  understood  according  to 
their  broad  use  of  it,  and  not  in  its  Parliamentary 
sense.  Their  rule  then  establishes  as  privileged  ques- 
tions, the  previous  question,  postponement,  commit- 
ment, and  amendment. 

But  it  may  be  asked,  Have  these  questions  any 
privilege  among  themselves  ? or  are  they  so  equal 


PRIVILEGED  QUESTIONS. 


67 


that  the  common  principle  of  the  “ first  moved,  first 
put,”  takes  place  among  them  ? This  will  need  ex- 
planation. Their  competitions  may  be  as  follow : 


1.  Prev.  Qu.  and  Postpone  i 

Commit  > 
Amend  S 

2.  Postpone  and  Prev.  Qu.  1 

Commit  > 
Amend  ) 

3.  Commit  and  Prev.  Qu.  i 

Postpone  > 
Amend  j 

4.  Amend  and  Prev.  Qu.  ) 

Postpone  > 
Commit  ^ 


In  the  1st,  2d,  and  3d  classes,  and 
the  1st  member  of  the  4th  class,  the 
rule  “ first  moved,  first  put,”  takes 
place. 


In  the  1st  class,  where  the  previous  question  is  first 
moved,  the  effect  is  peculiar ; for  it  not  only  prevents 
the  after  motion  to  postpone  or  commit  from  being 
put  to  question  before  it,  but  also  from  being  put  after 
it.  For  if  the  previous  question  be  decided  affirma- 
tively, to  wit,  that  the  main  question  shall  now  be  put, 
it  would  of  course  be  against  the  decision  to  postpone 
or  commit.  And  if  it  be  decided  negatively,  to  wit, 
that  the  main  question  shall  not  now  be  put,  this  puts 
the  House  out  of  possession  of  the  main  question,  and 
consequently,  there  is  nothing  before  them  to  postpone 
or  commit.  So  that  neither  voting  for  nor  against  the 
previous  question,  will  enable  the  advocates  for  post- 
poning or  committing  to  get  at  their  object.  Whether 
it  may  be  amended,  shall  be  examined  hereafter. 

2d  class.— -If  postponement  be  decided  affirmatively, 
the  proposition  is  removed  from  before  the  House,  and 
consequently,  there  is  no  ground  for  the  previous 
question,  commitment  or  amendment.  But  if  decided 
negatively,  that  it  shall  not  be  postponed,  the  main 
question  may  then  be  suppressed  by  the  previous  ques- 
tion, or  may  be  committed  or  amended. 


68 


PRIVILEGED  QUESTIONS. 


The  3d  class  is  subject  to  the  same  observations  as 
the  2d. 

The  4th  class. — Amendment  of  the  main  question 
first  moved,  and  afterwards  the  previous  question,  the 
question  of  amendment  shall  be  first  put. 

Amendment  and  postponement  competing,  post- 
ponement is  first  put,  as  the  equivalent  proposition 
to  adjourn  the  main  question  would  be  in  Parliament. 
The  reason  is,  that  the  question  for  amendment  is 
not  suppressed  by  postponing  or  adjourning  the  main 
question,  but  remains  before  the  House  whenever  the 
main  question  is  resumed ; and  it  might  be  that  the 
occasion  for  other  urgent  business  might  go  by,  and 
be  lost  by  length  of  debate  on  the  amendment,  if  the 
House  had  it  not  in  their  power  to  postpone  the  whole 
subject. 

Amendment  and  commitment.  The  question  for 
committing,  though  last  moved,  shall  be  first  put; 
because  in  truth  it  facilitates  and  befriends  the  motion 
to  amend.  Scobell  is  express : — “On  a motion  to 
amend  a bill,  any  one  may,  notwithstanding,  move  to 
commit  it,  and  the  question  for  commitment  shall  be 
first  put.” — Scob.  46. 

We  have  hitherto  considered  the  case  of  two  or 
more  of  the  privileged  questions  contending  for  privi- 
lege between  themselves,  when  both  were  moved  on 
the  original  or  main  question ; but  now  let  us  suppose 
one  of  them  to  he  moved,  not  on  the  original  primary 
question,  but  on  the  secondary  one,  e.  g. 

Suppose  a motion  to  postpone,  commit,  or  amend 
the  main  question,  and  that  it  be  moved  to  suppress 
that  motion  by  putting  the  previous  question  on  it. 
This  is  not  allowed ; because  it  would  embarrass  ques- 
tions too  much  to  allow  them  to  be  piled  on  one  an- 
other several  stories  high ; and  the  same  result  may 
be  had  in  a more  simple  way,  by  deciding  against  the 
postponement,  commitment,  or  amendment.- -2  Hats. 
81,  2,  3,  4. 


PRIVILEGED  QUESTIONS. 


69 


Suppose  a motion  for  the  previous  question,  or  com- 
mitment or  amendment  of  the  main  question,  and  that 
it  be  then  moved  to  postpone  the  motion  for  the  pre- 
vious question,  or  for  commitment  or  amendment  of 
the  main  question ; 1.  It  would  be  absurd  to  postpone 
the  previous  question,  commitment,  or  amendment, 
alone,  and  thus  separate  the  appendage  from  its  prin- 
cipal ; yet  it  must  be  postponed  separately  from  its 
original,  if  at  all ; because  the  8th  rule  of  the  Senate 
says,  that  when  a main  question  is  before  the  House, 
no  motion  shall  be  received  but  to  commit,  amend,  or 
pre-question  the  original  question ; which  is  the  Par- 
liamentary doctrine ; therefore,  the  motion  to  postpone 
the  secondary  motion  for  the  previous  question,  or  for 
committing  or  amending,  cannot  be  received:  2.  This 
is  a piling  of  questions  one  on  another,  which,  to  avoid 
embarrassment,  is  not  allowed : 3.  The  same  result 
may  be  had  more  simply,  by  voting  against  the  pre- 
vious question,  commitment,  or  amendment. 

Suppose  a commitment  moved,  of  a motion  for  the 
previous  question,  or  to  postpone,  or  amend. 

The  1st,  2d,  and  3d  reasons  before  stated,  all  hold 
good  against  this. 

Suppose  an  amendment  moved  to  a motion  for  the 
previous  question  ? Answer : The  previous  question 
cannot  be  amended.  Parliamentary  usage,  as  well  as 
the  9th  Rule  of  the  Senate,  has  fixed  its  form  to  be, 
“ Shall  the  main  question  be  now  put?”  i.  e.,  at  this 
instant.  And  as  the  present  instant  is  but  one,  it  can 
admit  of  no  modification.  To  change  it  to  to-morrow, 
or  any  other  moment,  is  without  example  and  without 
utility.  But  suppose  a motion  to  amend  a motion  for 
postponement,  as  to  one  day  instead  of  another,  or  to  a 
special  instead  of  indefinite  time.  The  useful  charac- 
ter of  amendment  gives  it  a privilege  of  attaching  itself 
to  a secondary  privileged  motion.  That  is,  we  may 


70 


PRIVILEGED  QUESTIONS. 


amend  a postponement  of  a main  question.  So  we 
may  amend  a commitment  of  a main  question,  as  by 
adding,  for  example,  “with  instruction  to  inquire,” 
&c.  In  like  manner,  if  an  amendment  be  moved  to  an 
amendment,  it  is  admitted.  But  it  would  not  be  ad- 
mitted in  another  degree ; to  wit,  to  amend  an  amend- 
ment to  an  amendment  of  a main  question.  This  would 
lead  to  too  much  embarrassment.  The  line  must  be 
drawn  somewhere ; and  usage  has  drawn  it  after  the 
amendment  to  the  amendment.  The  same  result  must 
be  sought  by  deciding  against  the  amendment  to  the 
amendment,  and  then  moving  it  again  as  it  was  wished 
to  be  amended.  In  this  form  it  becomes  only  an 
amendment  to  an  amendment. 

When  motions  are  made  for  reference  of  the  same  subject  to  a select 
committee,  and  to  a standing  committee,  the  question  on  reference  to 
the  standing  committee  shall  be  first  put. — Rule  35. 

In  filling  a blank  with  a sum , the  largest  sum  shall 
be  first  put  to  the  question , by  the  13 th  Rule  of  the 
Senate ,*  contrary  to  the  rule  of  Parliament,  which 
privileges  the  smallest  sum  and  longest  time. — 5 Grrey , 
179;  2 Hats.  8,  83;  3 Hats.  132,  133.  And  this  is 
considered  to  be  not  in  the  form  of  an  amendment  to 
the  question,  but  as  alternative  or  successive  originals. 
In  all  cases  of  time  or  number,  we  must  consider  whe- 
ther the  larger  comprehends  the  lesser,  as  in  a question 
to  what  day  a postponement  shall  be,  the  number  of  a 
committee,  amount  of  a fine,  term  of  an  imprisonment, 
term  of  irredeemability  of  a loan,  or  the  terminus  in 
quern  in  any  other  case.  Then  the  question  must 
begin  a maximo.  Or  whether  the  lesser  includes  the 


* In  filling  up  blanks,  the  largest  sum  and  longest  time  shall  be 
first  put. — Rule  13. 


PRIVILEGED  QUESTIONS. 


71 


greater,  as  in  question  on  the  limitation  of  the  rate  of 
interest,  on  what  day  the  session  shall  be  closed  by 
adjournment,  on  what  day  the  next  shall  commence, 
when  an  act  shall  commence,  or  the  terminus  a quo  in 
any  other  case,  where  the  question  must  begin  a mi- 
nimo.  The  object  being  not  to  begin  at  that  extreme, 
which,  and  more,  being  within  every  man’s  wish,  no 
one  could  negative  it,  and  yet,  if  we  should  vote  in  the 
affirmative,  every  question  for  more  would  be  pre- 
cluded ; but  at  that  extreme  which  would  unite  few, 
and  then  to  advance  or  recede  till  you  get  to  a num- 
ber which  will  unite  a bare  majority. — 3 Grey , 376, 
384,  385.  “ The  fair  question  in  this  case  is  not  that 

to  which  and  more  all  will  agree,  whether  there  shall 
be  addition  to  the  question.” — 1 Grey,_  365. 

_ Another  exception  to  the  rule  of  priority  is,  when 
a motion  has  been  made  to  strike  out  or  agree  to  a 
paragraph.  Motions  to  amend  it  are  to  be  put  to  the 
question,  before  a vote  is  taken  on  striking  out,  or 
agreeing  to  the  whole  paragraph. 

But  there  are  several  questions,  which,  being  inci- 
dental to  every  one,  will  take  place  of  every  one,  pri- 
vileged or  not ; to  wit,  a question  of  order  arising 
out  of  any  other  question,  must  be  decided  before 
that  question. — 2 Hats.  88. 

A matter  of  privilege  arising  out  of  any  question, 
or  from  a quarrel  between  two  members,  or  any 
other  cause,  supersedes  the  consideration  of  the  ori- 
ginal question,  and  must  be  first  disposed  of.  — 2 
Hats.  88. 

Reading  papers  relative  to  the  question  before  the 
House.  This  question  must  be  put  before  the  princi- 
pal one. — 2 Hats.  88. 

Leave  asked  to  withdraw  a motion.  The  rule  of 
Parliament  being,  that  a motion  made  and  seconded 
is  in  possession  of  the  House,  and  cannot  be  with- 


72 


PREVIOUS  QUESTION. 


drawn  without  leave,  the  very  terms  of  the  rule  imply 
that  leave  may  he  given,  and,  consequently,  may  be 
asked  and  put  to  the  question. 


SECTION  XXXIV. 

THE  PREVIOUS  QUESTION. 

When  any  question  is  before  the  House,  any  mem- 
ber may  move  a previous  question,  “ Whether  that 
question  (called  the  main  question)  shall  now  be  put?” 
If  it  pass  in  the  affirmative,  then  the  main  question  is 
to  be  put  immediately,  and  no  man  may  speak  any 
thing  further  to  it,  either  to  add  or  alter. — Memor.  in 
Hakew.  28 ; 4 G-rey , 27. 

The  previous  question  being  moved  and  seconded,  the  question  from 
the  chair  shall  be,  “ Shall  the  main  question  be  now  put?”  and  if  the 
nays  prevail,  the  main  question  shall  not  then  be  put. — Rule  9. 

This  kind  of  question  is  understood  by  Mr.  Hatsell 
to  have  been  introduced  in  1604. — 2 Hats.  80.  Sir 
Henry  Yane  introduced  it. — 2 Grey , 113, 114;  3 Grey, 
384.  When  the  question  was  put  in  this  form,  “ Shall 
the  main  question  be  put  ?”  a determination  in  the 
negative  suppressed  the  main  question  during  the  ses- 
sion; but  since  the  words  “now  put”  are  used,  they 
exclude  it  for  the  present  only.  Formerly,  indeed, 
only  till  the  present  debate  was  over ; 4 Grey,  43 ; 
but  now  for  that  day  and  no  longer. — 2 Grey,  113, 
114. 

Before  the  question,  “Whether  the  main  question 
shall  now  be  put?”  any  person  might  formerly  have 
spoken  to  the  main  question,  because  otherwise  he 


PREVIOUS  QUESTION. 


73 


would  be  precluded  from  speaking  to  it  at  all. — Mem. 
in  Eakew.  28. 

The  proper  occasion  for  the  previous  question  is, 
when  a subject  is  brought  forward  of  a delicate  nature 
as  to  high  personages,  &c.,  or  the  discussion  of  which 
may  call  forth  observations  which  might  be  of  injurious 
consequences.  Then  the  previous  question  is  proposed, 
and,  in  the  modern  usage,  the  discussion  of  the  main 
question  is  suspended,  and  the  debate  confined  to  the 
previous  question.  The  use  of  it  has  been  extended 
abusively  to  other  cases  : but  in  these,  it  is  an  embar- 
rassing procedure  : its  uses  would  be  as  well  answered 
by  other  more  simple  Parliamentary  forms,  and  there- 
fore it  should  not  be  favoured,  but  restricted  within  as 
narrow  limits  as  possible. 

Whether  a main  question  may  be  amended  after 
the  previous  question  on  it  has  been  moved  and  se- 
conded ? 2 Eatsell,  88,  says,  If  the  previous  question 

has  been  moved  and  seconded,  and  also  proposed  from 
the  chair,  (by  which  he  means,  stated  by  the  Speaker 
for  debate,)  it  has  been  doubted  whether  an  amend- 
ment can  be  admitted  to  the  main  question.  He  thinks 
it  may,  after  the  previous  question  moved  and  se- 
conded ; but  not  after  it  has  been  proposed  from  the 
chair. 

In  this  case  he  thinks  the  friends  to  the  amendment 
must  vote  that  the  main  question  be  not  now  put,  and 
then  move  their  amended  question,  which  being  made 
new  by  the  amendment,  is  no  longer  the  same  which 
has  been  just  suppressed,  and  therefore  may  be  pro- 
posed as  a new  one.  But  this  proceeding  certainly 
endangers  the  main  question,  by  dividing  its  friends, 
some  of  whom  may  choose  it  unamended,  rather  than 
lose  it  altogether ; while  others  of  them  may  vote,  as 
Hatsell  advises,  that  the  main  question  be  not  now  put, 
with  a view  to  move  it  again  in  an  amended  form. 
The  enemies  of  the  main  question  by  this  manoeuvre 


74 


PREVIOUS  QUESTION. 


to  the  previous  question,  get  the  enemies  to  the 
amendment  added  to  them  on  the  first  vote,  and 
throw  the  friends  of  the  main  question  under  the 
embarrassment  of  rallying  again  as  they  can.  To 
support  his  opinion,  too,  lie  makes  the  deciding  cir- 
cumstance, whether  an  amendment  may  or  may  not 
he  made,  to  be,  that  the  previous  question  has  been 
proposed  from  the  chair.  But  as  the  rule  is,  that  the 
House  is  in  possession  of  a question  as  soon  as  it  is 
moved  and  seconded,  it  cannot  be  more  than  pos- 
sessed of  it  by  its  being  also  proposed  from  the  chair. 
It  may  be  said,  indeed,  that  the  object  of  the  previous 
question  being  to  get  rid  of  a question,  which  it  is  not 
expedient  should  be  discussed,  this  object  may  be  de- 
feated by  moving  to  amend,  and,  in  the  discussion  of 
that  motion,  involving  the  subject  of  the  main  ques- 
tion. But  so  may  the  object  of  the  previous  question 
be  defeated  by  moving  the  amended  question,  as  Mr. 
Hatsell  proposes,  after  the  decision  against  putting 
the  original  question.  He  acknowledges,  too,  that 
the  practice  has  been  to  admit  previous  amendment, 
and  only  cites  a few  late  instances  to  the  contrary. 
On  the  whole,  I should  think  it  best  to  decide  it  ab 
inconvenienti ; to  wit,  Which  is  most  inconvenient, 
to  put  it  in  the  power  of  one  side  of  the  House  to 
defeat  a proposition  by  hastily  moving  the  previous 
question,  and  thus  forcing  the  main  question  to  be  put 
amended  ? or  to  put  it  in  the  power  of  the  other  side 
to  force  on,  incidentally  at  least,  a discussion  which 
would  be  better  avoided  ? Perhaps  the  last  is  the 
least  inconvenience ; inasmuch  as  the  Speaker,  by 
confining  the  discussion  rigorously  to  the  amendment 
only,  may  prevent  their  going  into  the  main  question ; 
and  inasmuch  also,  as  so  great  a proportion  of  the 
cases,  in  which  the  previous  question  is  called  for,  are 
fair  and  proper  subjects  of  public  discussion,  and 


AMENDMENTS. 


75 


ought  not  to  be  obstructed  by  a formality  introduced 
for  questions  of  a peculiar  character. 


SECTION  XXXV. 

AMENDMENTS. 

On  an  amendment  being  moved,  a member  who  has 
spoken  to  the  main  question  may  speak  again  to  the 
amendment. — Scob.  23. 

If  an  amendment  be  proposed  inconsistent  with  one 
already  agreed  to,  it  is  a fit  ground  for  its  rejection 
by  the  House ; but  not  within  the  competence  of  the 
Speaker  to  suppress,  as  if  it  were  against  order.  F or, 
were  he  permitted  to  draw  questions  of  consistence 
within  the  vortex  of  order,  he  might  usurp  a negative 
on  important  modifications,  and  suppress  instead  of 
subserving  the  legislative  will. 

Amendments  may  be  made  so  as  totally  to  alter 
the  nature  of  the  proposition ; and  it  is  a way  of  get- 
ting rid  of  a proposition,  by  making  it  bear  a sense 
different  from  what  was  intended  by  the  movers,  so 
that  they  vote  against  it  themselves. — 2 Hats.  79;  4, 
82,  84.  A new  bill  may  be  ingrafted,  by  way  of 
amendment,  on  the  words,  “ Be  it  enacted,”  &c. — 1 
Grey,  190,  192. 

If  it  be  proposed  to  amend  by  leaving  out  certain 
words,  it  may  be  moved  as  an  amendment  to  this 
amendment,  to  leave  out  a part  of  the  words  of  the 
amendment,  which  is  equivalent  to  leaving  them  in 
the  bill. — 2 Hats.  80,  9.  The  Parliamentary  question 
is  always,  Whether  the  words  shall  stand  part  of  the 
bill? 

When  it  is  proposed  to  amend  by  inserting  a para- 
graph, or  part  of  one,  the  friends  of  the  paragraph 


76 


AMENDMENTS. 


may  make  it  as  perfect  as  they  can,  by  amendments, 
before  the  question  is  put  for  inserting  it.  If  it  be 
received,  it  cannot  be  amended  afterwards,  in  the 
same  stage,  because  the  House  has,  on  a vote,  agreed 
to  it  in  that  form.  In  like  manner,  if  it  is  proposed 
to  amend  by  striking  out  a paragraph,  the  friends  of 
the  paragraph  are  first  to  make  it  as  perfect  as  they 
can  by  amendments,  before  the  question  is  put  for 
striking  it  out.  If,  on  the  question,  it  be  retained,  it 
cannot  be  amended  afterwards ; because  a vote  against 
striking  out  is  equivalent  to  a vote  agreeing  to  it  in 
that  form. 

When  it  is  moved  to  amend,  by  striking  out  certain 
words  and  inserting  others,  the  manner  of  stating  the 
question  is,  first  to  read  the  whole  passage  to  be 
amended,  as  it  stands  at  present ; then  the  words  pro- 
posed to  be  struck  out;  next  those  to  be  inserted;  and 
lastly,  the  whole  passage,  as  it  will  be  when  amended. 
And  the  question,  if  desired,  is  then  to  be  divided, 
and  put  first  on  striking  out.  If  carried,  it  is  next  on 
inserting  the  w’ords  proposed.  If  that  he  lost,  it  may 
he  moved  to  insert  others. — 2 Hats.  80,  7. 

A motion  is  made  to  amend  by  striking  out  certain 
words,  and  inserting  others  in  their  place,  which  is 
negatived.  Then  it  is  moved  to  strike  out  the  same 
words,  and  to  insert  others  of  a tenor  entirely  different 
from  those  first  proposed.  It  is  negatived.  Then  it 
is  moved  to  strike  out  the  same  words  and  insert  no- 
thing, which  is  agreed  to.  All  this  is  admissible ; 
because  to  strike  out  and  insert  A,  is  one  proposition. 
To  strike  out  and  insert  B,  is  a different  proposition. 
And  to  strike  out  and  insert  nothing  is  still  different. 
And  the  rejection  of  one  proposition  does  not  preclude 
the  offering  a different  one.  Nor  would  it  change  the 
case  were  the  first  motion  divided  by  putting  the  ques- 
tion first  on  striking  out,  and  that  negatived.  For  as 
putting  the  whole  motion  to  the  question  at  once  would 


AMENDMENTS. 


77 


not  have  precluded,  the  putting  the  half  of  it  cannot 
do  it.* 

But  if  it  hail  been  carried  affirmatively  to  strike 
out  the  words  and  to  insert  A,  it  could  not  afterwards 
he  permitted  to  strike  out  A and  insert  B.  The  mover 
of  B should  have  notified,  while  the  insertion  of  A 
was  under  debate,  that  he  would  move  to  insert  B. 
In  which  case,  those  who  preferred  it  would  join  in 
rejecting  A. 

After  A is  inserted,  however,  it  may  be  moved  to 
strike  out  a portion  of  the  original  paragraph,  com- 
prehending A,  provided  the  coherence  to  be  struck 
out  be  so  substantial  as  to  make  this  effectively  a 
different  proposition.  For  then  it  is  resolved  into 
the  common  case  of  striking  out  a paragraph  after 
amending  it.  Nor  does  any  thing  forbid  a new  inser- 
tion, instead  of  A and  its  coherence. 

In  Senate,  January  25,  1798,  a motion  to  postpone, 
until  the  second  Tuesday  in  February,  some  amend- 
ments proposed  to  the  Constitution.  The  words, 
“until  the  second  Tuesday  in  February,”  were  struck 
out  by  way  of  amendment.  Then  it  was  moved  to 
add,  “ until  the  first  day  of  June.”  Objected,  that  it 
was  not  in  order,  as  the  question  should  first  be  put 
on  the  longest  time ; therefore,  a shorter  time  decided 
against,  a longer  cannot  be  put  to  question.  It  was 
answered,-  that  this  rule  takes  place  only  in  filling 


* In  a case  of  a division  of  the  question,  and  a decision  against 
striking  out,  I advance,  doubtingly,  the  opinion  here  expressed.  I find 
no  authority  either  way  ; and  I know  it  may  he  viewed  under  a difl 
ferent  aspect.  It  may  be  thought,  that  having  decided  separately  not 
to  strike  out  the  passage,  the  same  question  for  striking  out  cannot  be 
put  over  again,  though  with  a view  to  a different  insertion.  Still  I 
think  it  more  reasonable  and  convenient  to  consider  the  striking  out 
and  insertion  as  forming  one  proposition ; but  should  readily  yield  to 
any  evidence  that  the  contrary  is  the  practice  in  Parliament. 

4 


78 


AMENDMENTS. 


blanks  for  time.  But  when  a specific  time  stands  part 
of  a motion,  that  may  be  struck  out  as  well  as  any 
other  part  of  the  motion  ; and  when  struck  out,  a mo- 
tion may  be  received  to  insert  any  other.  In  fact,  it 
is  not  till  they  are  struck  out,  and  a blank  for  the  time 
thereby  produced,  that  the  rule  can  begin  to  operate, 
by  receiving  all  the  propositions  for  different  times, 
and  putting  the  questions  successively  on  the  longest. 
Otherwise,  it  would  be  in  the  power  of  the  mover, 
by  inserting  originally  a short  time,  to  preclude  the 
possibility  of  a longer.  For,  till  the  short  time  is 
struck  out,  you  cannot  insert  a longer  ; and  if,  after  it 
is  struck  out,  you  cannot  do  it,  then  it  cannot  be  done 
at  all.  Suppose  the  first  motion  has  been  to  amend 
by  striking  out  “the  second  Tuesday  in  February,” 
and  inserting,  instead  thereof,  “the  first  of  June.” 
It  would  have  been  regular  then  to  divide  the  question, 
by  proposing  first  the  question  to  strike  out  and  then 
that  to  insert.  Now  this  is  precisely  the  effect  of  the 
present  proceeding ; only,  instead  of  one  motion  and 
two  questions,  there  are  two  motions  and  two  questions 
to  effect  it : the  motion  being  divided  as  well  as- the 
question. 

When  the  matter  contained  in  two  bills  might  be 
better  put  into  one,  the  manner  is  to  reject  the^pne, 
and  incorporate  its  matter  into  another  bill  by  way  of 
amendment.  So,  if  the  matter  of  one  bill  would  be 
better  distributed  into  two,  any  part  may  be  struck 
out  by  way  of  amendment,  and  put  into  a new  bill. 
If  a section  is  to  be  transposed,  a question  must  be 
put  on  striking  it  out  where  it  stands,  and  another  for 
inserting  it  in  the  place  desired. 

A bill  passed  by  the  one  House,  with  blanks. 
These  may  be  filled  up  by  the  other,  by  way  of  amend- 
ments, returned  to  the  first,  as  such,  and  passed. — 8 
Hats.  83. 


DIVISION  OF  THE  QUESTION. 


79 


The  number  prefixed  to  the  section  of  a bill  being 
merely  a marginal  indication,  and  no  part  of  the  text 
of  the  bill,  the  clerk  regulates  that ; the  House  or 
committee  is  only  to  amend  the  text. 

SECTION  XXXVI. 

DIVISION  OF  THE  QUESTION. 

If  a question  contain  more  parts  than  one,  it  may 
be  divided  into  two  or  more  questions.  — Mem.  in 
Hakew.  29.  But  not  as  the  right  of  an  individual 
member,  but  with  the  consent  of  the  House.  For  who 
is  to  decide  whether  a question  is  complicated  or  not  ? 
where  it  is  complicated  ? into  how  many  propositions 
it  may  be  divided  ? The  fact  is,  that  the  only  mode 
of  separating  a complicated  question  is  by  moving 
amendments  to  it ; and  these  must  be  decided  by  the 
House  on  a question,  unless  the  House  orders  it  to  be 
divided : as  on  the  question,  Dec.  2,  1640,  making 
void  the  election  of  the  Knights  of  Worcester,  on  a 
motion  it  was  resolved  to  make  two  questions  of  it, 
to  wit,  one  on  each  Knight.  — 2 Hats.  85,  86.  So, 
wherever  there  are  several  names  in  a question,  they 
may  be  divided,  and  put  one  by  one.  — 9 G-rey , 444. 
So,  1729,  April  17,  on  an  objection  that  a question 
was  complicated,  it  was  separated  by  amendment. — 
2 Hats.  79.  5. 

The  soundness  of  these  observations  will  be  evident  from  the  em- 
barrassments produced  by  the  12th  rule  of  the  Senate,  which  says, 
“ If  the  question  in  debate  contain  several  points,  any  member  may 
have  the  same  divided  but  on  a motion  to  strike  out  and  insert,  it 
shall  not  be  in  order  to  move  for  a division  of  the  question;  but  the 
rejection  of  a motion  to  strike  out  and  insert  one  proposition  shall  not 
prevent  a motion  to  strike  out  and  insert  a different  proposition,  nor 
prevent  a subsequent  motion,  simply  to  strike  out : nor  shall  the  rejec- 


80 


DIVISION  OF  THE  QUESTION. 


tion  of  a motion,  simply  to  strike  out,  prevent  a subsequent  motion  to 
strike  out  and  insert. 


1798,  May  30,  the  alien  bill  in  quasi-committee. 
To  a section  and  proviso  in  the  original,  had  been 
added  two  new  provisos  by  way  of  amendment.  On 
a motion  to  strike  out  the  section  as  amended,  the 
question  was  desired  to  be  divided.  To  do  this,  it 
must  be  put  first  on  striking  out  either  the  former 
proviso,  or  some  distinct  member  of  the  section.  But 
when  nothing  remains  but  the  last  member  of  the 
section,  and  the  provisos,  they  cannot  be  divided  so 
as  to  put  the  last  member  to  question  by  itself ; for 
the  provisos  might  thus  be  left  standing  alone  as  ex- 
ceptions to  a rule  when  the  rule  is  taken  away : or 
the  new  provisos  might  be  left  to  a second  question, 
after  having  been  decided  on  once  before  at  the  same 
reading ; which  is  contrary  to  rule.  But  the  ques- 
tion must  be  on  striking  out  the  last  member  of  the 
section  as  amended.  This  sweeps  away  the  excep- 
tions with  the  rule,  and  relieves  from  inconsistence. 
A question  to  be  divisible,  must  comprehend  points 
so  distinct  and  entire,  that  one  of  them  being  taken 
away,  the  other  may  stand  entire.  But  a proviso  or 
exception,  with  an  enacting  clause,  does  not  contain 
an  entire  point  or  proposition. 

May  31.  The  same  bill  being  before  the  Senate. 
There  was  a proviso,  that  the  bill  should  not  extend, 
1.  To  any  foreign  minister ; nor,  2.  To  any  person  to 
whom  the  President  should  give  a passport ; nor,  3, 
To  any  alien  merchant,  conforming  himself  to  such 
regulations  as  the  President  shall  prescribe  ; and  divi- 
sion of  the  question  into  its  simplest  elements  was  called 
for.  It  was  divided  into  four  parts,  the  4th  taking  in 
the  words  “ conforming  himself,”  &c.  It  was  objected, 
that  the  words  “any  alien  merchant”  could  not  be 
separated  from  their  modifying  words  “ conforming,”. 


CO-EXISTING  QUESTIONS. 


81 


&c.,  because  these  words,  if  left  by  themselves,  con- 
tain no  substantive  idea,  will  make  no  sense.  But  ad- 
mitting that  the  divisions  of  a paragraph  into  separate 
questions  must  be  so  made  as  that  each  part  may 
stand  by  itself,  yet  the  House  having,  on  the  question, 
retained  the  first  two  divisions,  the  words  “ any  alien 
merchant”  may  be  struck  out,  and  their  modifying 
words  will  then  attach  themselves  to  the  preceding 
description  of  persons,  and  become  a modification  of 
that  description. 

When  a question  is  divided,  after  the  question  on 
the  1st  member,  the  2d  is  open  to  debate  and  amend- 
ment : because  it  is  a known  rule,  that  a person  may 
rise  and  speak  at  any  time  before  the  question  has 
been  completely  decided  by  putting  the  negative,  as 
well  as  the  affirmative  side.  But  the  question  is  not 
completely  put  when  the  vote  has  been  taken  on  the 
first  member  only.  One  half  of  the  question,  both 
affirmative  and  negative,  still  remains  to  be  put. — See 
Executive  Journ.,  June  25,  1795.  The  same  decision 
by  President  Adams. 


SECTION  XXXVII. 

CO-EXISTING  QUESTIONS. 

It  may  be  asked  whether  the  House  can  be  in  pos- 
session of  two  motions  or  propositions  at  the  same  time  ? * 
So  that,  one  of  them  being  decided,  the  other  goes  to 
question  without  being  moved  anew  ? The  answer 
must  be  special.  When  a question  is  interrupted  by 
a vote  of  adjournment,  it  is  thereby  removed  from 
before  the  House  ; and  does  not  stand  ipso  facto  before 
them  at  their  next  meeting,  but  must  come  forward  in 
the  usual  way : so,  when  it  is  interrupted  by  the 


82 


EQUIVALENT  QUESTIONS. 


order  of  the  day.  Such  other  privileged  questions  also 
as  dispose  of  the  main  question  ( e, ' g.  the  previous 
question,  the  postponement,  or  commitment)  remove 
it  from  before  the  House.  But  it  is  only  suspended  by 
a motion  to  amend,  to  withdraw,  to  read  papers,  or  by 
a question  of  order  or  privilege,  and  stands  again  be- 
fore the  House  when  these  are  decided.  Hone  hut 
the  class  of  privileged  questions  can  be  brought,  for- 
ward while  there  is  another  question  before  the  House ; 
the  rule  being,  that  when  a motion  has  been  made  and 
seconded  no  other  can  be  received  except  it  be  a pri- 
vileged one. 


SECTION  XXXVIII. 

EQUIVALENT  QUESTIONS. 

Ip,  on  a question  for  rejection,  a bill  be  retained,  it 
passes  of  course  to  its  next  reading. — Hcikew.  141. 
Scob.  42,  and  a question  for  a second  reading  deter- 
mined negatively,  is  a rejection  without  farther  ques- 
tion.— -4  Grey , 149.  And  see  Elsynge' s Memor.  42, 
in  what  cases  questions  are  to  be  taken  for  rejection. 

Where  questions  are  perfectly  equivalent,  so  that 
the  negative  of  the  one  amounts  to  the  affirmative  of 
the  other,  and  leaves  no  other  alternative,  the  decision 
of  the  one  concludes  necessarily  the  other. — 4 Grey , 
157.  Thus  the  negative  of  striking  out  amounts  to 
the  affirmative  of  agreeing : and  therefore  to  put  a 
question  on  agreeing  after  that  on  striking  out,  would 
be  to  put  the  same  question  in  effect  twice  over.  Not 
so  in  questions  of  amendments  between  the  two 
Houses.  A motion  to  recede  being  negatived,  does 
not  amount  to  a positive  vote  to  insist,  because  there 
is  another  alternative,  to  wit,  to  adhere. 


EQUIVALENT  QUESTIONS. 


83 


A bill  originating  in  one  House,  is  passed  by  the 
other  with  an  amendment.  A motion  in  the  originating 
House,  to  agree  to  the  amendment,  is  negatived.  Do 
these  result  from  this  vote  of  disagreement  ? or  must 
the  question  on  disagreement  be  expressly  voted  ? The 
questions  respecting  amendments  from  another  House 
are,  1st.  To  agree : 2d.  Disagree : 3d.  Recede : 4th. 
Insist ; 5th.  Adhere. 

1st.  To  agree.  \ Either  of  these  concludes  the 
2d.  To  disagree.  J other  necessarily,  for  the  positive 
of  either  is  exactly  the  equivalent 
of  the  negative  of  the  other,  and 
no  other  alternative  remains.  On 
either  motion,  amendments  to  the 
amendment  may  be  proposed ; e. 
g.  if  it  be  moved  to  disagree,  those 
who  are  for  the  amendment  have 
a right  to  propose  amendments, 
and  to  make  it  as  perfect  as  they 
can,  before  the  question  of  disa- 
greeing is  put. 

3d.  To  recede.  1 You  may  then  either  insist  or  adhere. 
4th.  To  insist.  > You maythen  either  recedeoradhere. 
5th.  To  adhere,  j You  may  then  either  recede  or  insist. 

Consequently,  the  negative  of  these 
is  not  equivalent  to  a positive  vote 
the  other  way.  It  does  not  raise  so 
necessary  an  implication  as  may  au- 
thorize the  secretary  by  inference  to 
enter  another  vote ; for  two  alterna- 
tives still  remain,  either  of  which 
may  be  adopted  by  the  House. 


84 


THE  QUESTION. 


SECTION  XXXIX. 

THE  QUESTION. 

The  question  is  to  be  put  first  on  the  affirmative, 
and  then  on  the  negative  side. 

After  the  Speaker  has  put  the  affirmative  part  of  the 
question,  any  member  who  has  not  spoken  before  the 
question,  may  rise  and  speak  before  the  negative  be 
put.  Because  it  is  no  full  question  till  the  negative 
part  be  put. — Scob.  23;  Hats.  73. 

But  in  small  matters,  and  which  are  of  course,  such 
as  receiving  petitions,  reports,  withdrawing  motions, 
reading  papers,  &c.,  the  Speaker  most  commonly  sup- 
poses the  consent  of  the  House,  where  no  objection 
is  expressed,  and  does  not  give  them  the  trouble  of 
putting  the  question  formally.  — Scob.  22  ; 2 Hats. 
87.  2.  87 ; 5 Grey,  129 ; 9 Grey,  301. 


SECTION  XL. 

BILL,  THIRD  READING. 

To  prevent  bills  from  being  passed  by  surprise,  the 
House,  by  a standing  order,  directs  that  they  shall  not 
be  put  on  their  passage  before  a fixed  hour,  naming 
one  at  which  the  House  is  commonly  full.  — Hakew. 
153. 

The  usage  of  the  Senate  is,  not  to  put  bills  on  their  passage  till 
noon. 

A bill  reported  and  passed  to  the  third  reading,  can- 
not on  that  day  be  read  the  third  time  and  passed.  Be- 


BILLS,  THIRD  READING. 


85 


cause  this  would  be  to  pass  on  two  readings  on  the 
same  day.  At  the  third  reading,  the  clerk  reads  the 
bill,  and  delivers  it  to  the  Speaker,  who  states  the  title, 
that  it  is  the  third  time  of  reading  the  bill,  and  that  the 
question  will  be,  Whether  it  shall  pass?  Formerly, 
the  Speaker,  or  those  who  prepared  a bill,  prepared 
also  a breviate  or  summary  statement  of  its  contents, 
which  the  Speaker  read  when  he  declared  the  state  of 
the  bill  at  the  several  readings.  Sometimes,  however, 
he  read  the  bill  itself,  especially  on  its  passage. — 
Hakew.  136,  137.  153;  Coke , 22.  115.  Latterly,  in- 
stead of  this,  he,  at  the  third  reading,  states  the  whole 
contents  of  the  bill,  verbatim  ; only  instead  of  reading 
the  formal  parts,  “be  it  enacted,”  &c.,  he  states,  that 
“ the  preamble  recites  so  and  so ; the  first  section 
enacts,  that,  &c. ; the  second  section  enacts,”  &c. 

But  in  the  Senate  of  the  United  States,  both  of  these  formalities  are 
dispensed  with  ; the  breviate  presenting  but  an  imperfect  view  of  the 
bill,  and  being  capable  of  being  made  to  present  a false  one  ; and  the 
full  statement  being  a useless  waste  of  time,  immediately  after  a full 
reading  by  the  clerk ; and  especially  as  every  member  has  a printed 
copy  in  his  hand. 

A bill,  on  the  third  reading,  is  not  to  be  committed  for 
the  matter  or  body  thereof ; but,  to  receive  some  particu- 
lar clause  or  proviso,  it  hath  been  sometimes  suffered, 
but  as  a thing  very  unusual. — Hakew.  156 ; thus,  27  HI. 
1581,  a bill  was  committed  on  the  third  reading,  having 
been  formerly  committed  on  the  second;  but  it  is  de- 
clared not  usual. — D' Ewes , 137,  col.  2.  414,  col.  2. 

When  an  essential  provision  has  been  omitted,  rather 
than  erase  the  bill,  and  render  it  suspicious,  they  add 
a clause  on  a separate  paper,  engrossed  and  called 
a rider,  which  is  read,  and  put  to  the  question  three 
times. — Elsynges  Memorials , 59;  6 Girey,  335;  1 
Blackst.  183.  For  examples  of  riders,  see  3 Hats. 

4 * 


86 


BILLS,  THIRD  READING. 


121,  122,  124,  126.  Every  one  is  at  liberty  to  bring 
in  a rider  without  asking  leave. — 10  Grey , 52. 

It  is  laid  down  as  a general  rule,  that  amendments 
proposed  at  the  second  reading  shall  be  twice  read, 
and  those  proposed  at  the  third  reading  thrice  read ; 
as  also  all  amendments  from  the  other  House. — Town, 
col.  19,  28,  24,  25,  26,  27,  28.  . 

It  is  with  great,  and  almost  with  invincible  reluc- 
tance, that  amendments  are  admitted  at  this  reading, 
which  occasion  erasures  or  interlineations.  Some- 
times the  proviso  has  been  cut  off  from  a bill ; some- 
times erased. — 9 Grey , 513. 

This  is  the  proper  stage  for  filling  up  blanks  ; for  if 
filled  up  before,  and  now  altered  by  erasure,  it  would 
be  peculiarly  unsafe. 

At  this  reading,  the  bill  is  debated  afresh,  and  for  the 
most  part  is  more  spoken  to,  at  this  time,  than  on  any 
of  the  former  readings. — Hakew.  153. 

The  debate  on  the  question,  Whether  it  should  be 
read  a third  time  ? has  discovered  to  its  friends  and 
opponents  the  arguments  on  which  each  side  relies, 
and  which  of  these  appear  to  have  influence  with  the 
House ; they  have  had  time  to  meet  them  with  new 
arguments,  and  to  put  their  old  ones  into  new  shapes. 
The  former  vote  has  tried  the  strength  of  the  first  opi- 
nion, and  furnished  grounds  to  estimate  the  issue ; 
and  the  question  now  offered  for  its  passage,  is  the 
last  occasion  which  is  ever  to  be  offered  for  carrying 
or  rejecting  it. 

When  the  debate  is  ended,  the  Speaker,  holding 
the  bill  in  his  hand,  puts  the  question  for  its  passage, 
by  saying,  “ Gentlemen,  all  you  who  are  of  opinion 
that  this  bill  shall  pass,  say  ay;”  and  after  the  answer 
of  ayes,  “All  those  of  the  contrary  opinion,  say  no.” 
— Hakew.  154. 

After  the  bill  has  passed,  there  can  be  no  further 
alteration  of  it  in  any  point. — Hakew.  159. 


DIVISION  OF  THE  HOUSE. 


87 


SECTION  XLI 


DIVISION  OF  THE  HOUSE 


The  affirmative  and  negative  of  the  question  having 
been  both  put  and  answered,  the  Speaker  declares 
whether  the  yeas  or  nays  have  it  by  the  sound,  if  he 
be  himself  satisfied,  and  it  stands  as  the  judgment  of 
the  House.  But  if  he  be  not  himself  satisfied  which 
voice  is  the  greater,  or  if,  before  any  other  member 
comes  into  the  House,  or  before  any  new  motion  is 
made,  (for  it  is  too  late  after  that,)  any  member  shall 
rise  and  declare  himself  dissatisfied  with  the  Speaker’s 
decision,  then  the  Speaker  is  to  divide  the  House. — 
Scob.  24 ; 2 Hats.  140. 

When  the  House  of  Commons  is  divided,  the  one 
party  goes  forth,  and  the  other  remains  in  the  House. 
This  has  made  it  important  which  go  forth,  and  which 
remain ; because  the  latter  gain  all  the  indolent,  the 
indifferent,  and  inattentive.  Their  general  rule,  there- 
fore, is,  that  those  who  give  their  vote  for  the  preser- 
vation of  the  orders  of  the  House  shall  stay  in,  and 
those  who  are  for  introducing  any  new  matter,  or  al- 
teration, or  proceeding  contrary  to  the  established 
course,  are  to  go  out.  But  this  rule  is  .subject  to  many 
exceptions  and  modifications. — 2 Rush.  p.  3,  fol.  92  ; 
Scob.  43,  52 ; Co.  12,  116 ; D’Rwes,  505,  col.  1 ; 
Mem.  in  Hakeiv.  25,  29 ; as  will  appear  by  the  fol- 
lowing statement  of  who  go  forth. 

Petition  that  it  be  received,*  - 


Bead. 


Noes. — 9 Grey,  365. 


88 


DIVISION  OF  THE  HOUSE. 


Lie  on  the  table,  - 
Rejected  after  refusal  to  lie  on  the  table, 

Referred  to  a committee,  or  farther 
proceeding,  ... 

Bill,  that  it  be  brought  in, 

Read  1st  or  2d  time, 

Engrossed  or  read  3d  time, 

Proceeding  on  every  other  stage, 

Committed,  - - - 

To  a committee  of  the  whole,  - 
To  a select  committee,  - 
Report  of  a bill  to  lie  on  table, 

Be  now  read,  - 

Be  taken  into  consideration  three  months  V50  P.  J. 
hence,  - 

Amendments  be  read  a 2d  time, 

Clause  offered  on  report  of  bill  be  rea( 

2d  time,  ----- 
Eor  receiving  a clause,  - - - 

With  amendments  be  engrossed, 

That  a bill  be  now  read  a 3d  time,  - 
Receive  a rider,  - 

Pass,  ----- 
Be  printed,  - - - - - 

Committees.  That  A.  take  the  chair, 

To  agree  to  the  whole  or  any  part  of 
report,  ----- 
That  the  House  do  now  resolve  into  a 291 

committee,  - - - - - 

Speaker.  That  he  now  leave  the  chair, 
after  order  to  go  into  committee,  - 
That  he  issue  warrant  for  a new  visit, 

Member.  That  none  be  absent  without 


Noes. 

1 Ayes. 

s 

> Ayes. 

Noes. 

Ayes. 

Noes. 

1 Ayes. 
Uo  P. 

J. 

j 251. 

Noes. 

b 

l Ayes. 

334 

Noes. 

398 

1 

260 

> Ayes. 

259 

Noes. 


leave, 

Witness.  That  he  be  farther  examined,  Ayes.  344 
Previous  questions,  - Noes. 


DIVISION  OF  THE  HOUSE. 


89 


Blanks.  That  they  be  filled  with  the  1 

largest  sum,  - - - >Ayes. 

Amendments.  That  words  stand  part  of,  j 
Lords.  That  their  amendment  be  read  \ * 

a 2d  time, j ^ 

Messenger  be  received,  - 
Orders  of  the  day  to  be  now  read,  if  ^Ayes. 
before  2 o’clock,  - - 

If  after  2 o’clock,  - Noes. 

Adjournment  till  the  next  sitting  day, 
if  before  4 o’clock, 

If  after  4 o’clock,  - 
Over  a sitting  day,  (unless  a 
resolution,)  - 

Over  the  30th  January,  - 
For  sitting  on  Sunday,  or  any 

day,  not  being  a sitting  day,  - j 
The  one  party  being  gone  forth,  the  Speaker  names 
two  tellers  from  the  affirmative,  and  two  from  the  ne- 
gative side,  who  first  count  those  sitting  in  the  House, 
and  report  the  number  to  the  Speaker.  Then  they 
place  themselves  within  the  door,  two  on  each  side, 
and  count  those  who  went  forth,  as  they  come  in,  and 
report  the  number  to  the  Speaker. — Mem.  in  Hakew. 
26. 


}; 

Jy-lAyes 

Noes. 

previous  | Ayes_ 
Noes. 


other 


es. 


A mistake  in  the  report  of  the  tellers  may  he  recti- 
fied after  the  report  made. — 2 Mats.  145.  Note. 

But,  in  both  Houses  of  Congress,  all  those  intricacies  are  avoided. 
The  ayes  first  rise,  and  are  counted,  standing  in  their  places,  by  the 
President  or  Speaker.  Then  they  sit,  and  the  noes  rise,  and  are 
counted  in  like  manner. 


In  Senate,  if  they  be  equally  divided,  the  Vice-President  announces 
his  opinion,  which  decides. 

The  Constitution,  however,  has  directed  that  “the  yeas  and  nays  of 
the  members  of  either  House,  on  any  question,  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal.”  And  again,  that 


90 


DIVISION  OF  THE  HOUSE. 


in  all  cases  of  re-considering  a bill  disapproved  by  the  President,  and 
returned  with  his  objections,  “ the  votes  of  both  Houses  shall  be 
determined  by  the  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill,  shall  be  entered  on  the  journals  of  each 
House  respectively.” 

By  the  16th  and  17th  rules  of  the  Senate,  when  the  yeas  and  nays 
shall  be  called  for  by  one-fifth  of  the  members  present,  each  member 
called  upon  shall,  unless  for  special  reasons  he  be  excused  by  the 
Senate,  declare  openly,  and  without  debate,  his  assent  or  dissent  to 
the  question.  In  taking  the  yeas  and  nays,  and  upon  the  call  of  the 
House,  the  names  of  the  members  shall  be  taken  alphabetically. 

When  the  yeas  and  nays  shall  be  taken  upon  any  question,  in  pur- 
suance of  the  above  rule,  no  member  shall  be  permitted,  under  any 
circumstances  whatever,  to  .vote  after  the  decision  is  announced  from 
the  chair. 

When  it  is  proposed  to  take  a vote  by  yeas  and  nays,  the  President 
or  Speaker  states  that  “ The  question  is  whether,  e.  g.,  the  bill  shall 
pass  ? That  it  is  proposed  that  the  yeas  and  nays  shall  be  entered 
on  the  journal.  Those,  therefore,  who  desire  it  will  rise.”  If  he 
finds  and  declares  that  one-fifth  have  risen,  he  then  states,  that  “ those 
who  are  of  opinion  that  the  bill  shall  pass,  are  to  answer  in  the  affirm- 
ative, those  of  the  contrary  opinion,  in  the  negative.”  The  clerk  then 
calls  over  the  names  alphabetically,  notes  the  yea  or  nay  of  each,  and 
gives  the  list  to  the  President  or  Speaker,  who  declares  the  result.  In 
Senate,  if  there  be  an  equal  division,  the  Secretary  calls  on  the  Vice- 
President,  who  notes  his  affirmative  or  negative,  which  becomes  the 
decision  of  the  House. 

In  the  House  of  Commons,  every  member  must  give 
his  vote  the  one  way  or  the  other. — Scob.  24.  As  it 
is  not  permitted  to  any  one  to  withdraw  who  is  in  the 
House  wdien  the  question  is  put,  nor  is  any  one  to  be 
told  in  the  division  who  was  not  in  when  the  question 
was  put. — 2 Hats.  140. 

This  last  position  is  always  true  when  the  vote  is 
by  yeas  and  nays ; where  the  negative  as  well  as  the 
affirmative  of  the  question  is  stated  by  the  President 


DIVISION  OF  THE  HOUSE. 


91 


at  the  same  time,  and  the  vote  of  both  sides  begins 
and  proceeds  pari  passu.  It  is  true,  also,  when  the 
question  is  put  in  the  usual  way,  if  the  negative  has 
also  been  put.  But  if  it  has  not,  the  member  entering, 
or  any  other  member  may  speak,  and  even  propose 
amendments,  by  which  the  debate  may  be  opened 
again,  and  the  question  greatly  deferred.  And,  as 
some  who  have  answered  ay,  may  have  been  changed 
by  the  new  arguments,  the  affirmative  must  be  put  over 
again.  If,  then,  the  member  entering  may,  by  speak- 
ing a few  words,  occasion  a repetition  of  the  ques- 
tion, it  would  be  useless  to  deny  it  on  his  simple  call 
for  it. 

While  the  House  is  telling,  no  member  may  speak, 
or  move  out  of  his  place ; for,  if  any  mistake  be  sus- 
pected, it. must  be  told  again. — Mem.  in  Hakew.  26; 
2 Eats.  143. 

If  any  difficulty  arises  in  point  of  order,  during  the 
division,  the  Speaker  is  to  decide  peremptorily,  sub- 
ject to  the  future  censure  of  the  House,  if  irregular. 
He  sometimes  permits  old  experienced  members  to 
assist  him  with  their  advice,  which  they  do  sitting  in 
their  seats,  covered  to  avoid  the  appearance  of  debate ; 
but  this  can  only  be  with  the  Speaker’s  leave,  else  the 
division  might  last  several  hours. — 2 Hats.  143. 

The  voice  of  the  majority  decides.  For  the  lex 
majaris  partis  is  the  law  of  all  councils,  elections, 
&c.,  where  not  otherwise  expressly  provided. — Hakew. 
93.  But  if  the  House  be  equally  divided,  “ semper 
presumatur  pro  negante:"  that  is,  the  former  law  is 
not  to  be  changed  but  by  a majority. — Towns,  col. 
134. 

But,  in  the  Senate  of  the  United  States,  the  Vice-President  decides, 
when  the  House  is  divided. — Const.  U.  S.,  Art.  I.  Sec.  2. 

When,  from  counting  the  House,  on  a division,  it 
appears  that  there  is  not  a quorum,  the  matter  con- 


92 


TITLE — RE-CONSIDERATION. 


tinues  exactly  in  the  state  in  which  it  was  before  the 
division,  and  must  be  resumed  at  that  point  on  any 
future  day. — 2 Hats.  126. 

1606,  May  1,  on  a question  whether  a member  hav- 
ing said  Yea,  may  afterwards  sit  and  change  his  opi- 
nion ? a precedent  was  remembered  by  the  Speaker, 
of  Mr.  Morris,  attorney  of  the  wards,  in  39  Eliz., 
who  in  like  case  changed  his  opinion. — Mem.  in 
Hakew.  27. 


SECTION  XL II. 

TITLE. 

After  the  hill  has  passed,  and  not  before,  the  title 
may  be  amended,  and  is  to  be  fixed  by  a question ; 
and  the  bill  is  then  sent  to  the  other  House. 


SECTION  XL  III. 

. - e 

RE-CONSIDERATION. 

When  a question  has  been  once  made  and  carried  in  the  affirma- 
tive or  negative,  it  shall  be  in  order  for  any  member  of  the  majority 
to  move  for  the  re-consideration  thereof;  but  no  motion  for  the  re- 
consideration of  any  vote  shall  be  in  order  after  a bill,  resolution, 
message,  report,  amendment,  or  motion,  upon  which  the  vote  was 
taken,  shall  have  gone  out  of  the  possession  of  the  Senate,  announcing 
their  decision ; nor  shall  any  motion  for  re-consideration  be  in  order, 
unless  made  on  the  same  day  on  which  the  vote  was  taken,  or  within 
the  two  next  days  of  actual  session  of  the  Senate  thereafter. — 
Rule  20. 


RE-CONSIDERATION. 


93 


1798,  Jan.  A bill  on  its  second  reading,  being  amended,  and  on 
the  question,  whether  it  shall  be  read  a third  time  negatived,  was 
restored  by  a decision  to  re-consider  the  question.  Here  the  votes  of 
negative  and  re-consideration,  like  positive  and  negative  quantities  in 
equation,  destroy  one  another,  and  are  as  if  they  were  expunged  from 
the  journals.  Consequently  the  bill  is  open  for  amendment,  just  so  far 
as  it  was  the  moment  preceding  the  question  for  the  third  reading. 
That  is  to  say,  all  parts  of  the  bill  are  open  for  amendment,  except 
those  on  which  votes  have  been  already  taken  in  its  present  stage.  So 
also  may  it  be  re-committed. 

The  rule  permitting  a re-consideration  of  a question  affixing  to  it  no 
limitation  of  time  or  circumstance,  it  may  be  asked  whether  there  is  no 
limitation  ? If,  after  the  vote,  the  paper  on  which  it  has  passed  has 
been  parted  with,  there  can  be  no  re-consideration : as  if  a vote  has 
been  for  the  passage  of  a bill,  and  the  bill  has  been  sent  to  the  other 
House.  But  where  the  paper  remains,  as  on  a bill  rejected,  when,  or 
under  what  circumstances,  does  it  cease  to  be  susceptible  of  re-con- 
sideration ? This  remains  to  be  settled,  unless  a sense  that  the  right 
of  re-consideration  is  a right  to  waste  the  time  of  the  House  in  repeated 
agitations  of  the  same  question,  so  that  it  shall  never  know  when  a 
question  is  done  with,  should  induce  them  to  reform  this  anomalous 
proceeding.* 

In  Parliament,  a question  once  carried,  cannot  be 
questioned  again,  at  the  same  session ; but  must  stand 
as  the  judgment  of  the  House. — Towns,  col.  67; 
Memor.  in  L lakew.  33.  And  a bill  once  rejected, 
another  of  the  same  substance  cannot  be  brought  in 
again  the  same  session. — Hakew.  158 ; 6 Grey,  392. 
But  this  does  not  extend  to  prevent  putting  the  same 
questions  in  different  stages  of  a bill ; because  every 
stage  of  a bill  submits  the  whole  and  every  part  of  it 
to  the  opinion  of  the  House,  as  open  for  amendment, 
either  by  insertion  or  omission,  though  the  same 
amendment  has  been  accepted  or  rejected  in  a former 


* This  defect  has  been  remedied  by  Rule  29,  cited  above,  which  has 
been  adopted  since  the  original  edition  of  this  work  was  published. 


94 


RE-CONSIDERATION. 


stage.  So  in  reports  of  committees,  e.  g.  report  of  an 
address,  the  same  question  is  before  the  House,  and 
open  for  free  discussion. — Towns,  col.  26;  2 Hats. 
98,  100,  101.  So,  orders  of  the  House,  or  instruc- 
tions to  committees  may  be  discharged.  - So  a bill 
begun  in  one  House,  sent  to  the  other,  and  there  re- 
jected, may  be  renewed  again  in  that  other,  passed, 
and  sent  back. — lb.  92  ; 3 Hats.  161.  Or  if,  instead 
of  being  rejected,  they  read  it  once,  and  lay  it  aside, 
and  put  it  off  a month,  they  may  offer  in  another  to 
the  same  effect,  with  the  same  or  a different  title. — 
Hakew.  97,  98. 

Divers  expedients  are  used  to  correct  the  effects  of 
this  rule ; as,  by  passing  an  explanatory  act,  if  any 
thing  has  been  omitted  or  ill-expressed,  3 Hats.  278 ; 
or  an  act  to  enforce,  and  make  more  effectual  an  act, 
&c.,  or  to  rectify  mistakes  in  an  act,  &c. ; or  a com- 
mittee on  one  bill  may  be  instructed  to  receive  a 
clause  to  rectify  the  mistakes  of  another.  Thus,  June 
24,  1685,  a clause  was  inserted  in  a bill  for  rectifying 
a mistake  committed  by  a clerk  in  engrossing  a bill 
of  reply. — 2 Hats.  194.  6.  Or  the  session  may  be 
closed  for  one,  two,  three,  or  more  days,  and  a new 
one  commenced.  But  then  all  matters  depending 
must  be  finished,  or  they  fall,  and  are  to  begin  de 
novo.  — 2 Hats.  94,  98.  Or  a part  of  the  subject 
may  be  taken  up  by  another  hill,  or  taken  up  in  a 
different  way. — 6 Greg,  316. 

And  in  cases  of  the  last  magnitude,  this  rule  has  not 
been  so  strictly  and  verbally  observed  as  to  stop  in- 
dispensable proceedings  altogether.  — 2 Hats.  92.  98. 
Thus,  when  the  address  on  the  preliminaries  of  peace, 
in  1782,  had  been  lost  by  a majority  of  one;  on  ac- 
count of  the  importance  of  the  question,  and  smallness 
of  the  majority,  the  same  question  in  substance,  though 
with  words  not  in  the  first,  and  which  might  change 
the  opinions  of  some  members,  was  brought  on  again 


BILLS  SENT  TO  THE  OTHER  HOUSE. 


95 


and  carried : as  the  motives  for  it  were  thought  to 
outweigh  the  objection  of  form. — 2 Hats.  99,  100. 

A second  bill  may  be  passed,  to  continue  an  act  of 
the  same  session ; or  to  enlarge  the  time  limited  for 
its  execution. — 2 Hats.  95,  98.  This  is  not  in  con- 
tradiction to  the  first  act. 


SECTION  XL  IV. 

BILLS  SENT  TO  THE  OTHER  HOUSE. 

All  bills  passed  in  the  Senate,  shall  before  they  are  sent  to  the 
House  of  Representatives,  be  examined  by  a committee,  consisting  of 
three  members,  whose  duty  it  shall  be  to  examine  all  bills,  amendments, 
resolutions  or  motions,  before  they  go  out  of  the  possession  of  the 
Senate,  and  to  make  report  that  they  are  correctly  engrossed  ; which 
report  shall  be  entered  on  the  journal. — Ryle  33. 

A bill  from  the  other  House  is  sometimes  ordered 
to  lie  on  the  table. — 2 Hats.  97. 

When  bills,  passed  in  one  House  and  sent  to  the 
other,  are  grounded  on  special  facts  requiring  proof, 
it  is  usual,  either  by  message,  or  at  a conference,  to 
ask  the  grounds  and  evidence : and  this  evidence, 
whether  arising  out  of  papers,  or  from  the  examina- 
tion of  witnesses,  is  immediately  communicated. — 3 
Hats.  48. 


SECTION  XL V. 

AMENDMENTS  BETWEEN  THE  HOUSES. 

When  either  House,  e.  g.  the  House  of  Commons, 
sends  a bill  to  the  other,  the  other  may  pass  it  with 
amendments.  The  regular  progression  in  this  case 


96  AMENDMENTS  BETWEEN  THE  HOUSES. 

is,  that  the  Commons  disagree  to  the  amendment ; the 
Lords  insist  on  it ; the  Commons  insist  on  their  disa- 
greement ; the  Lords  adhere  to  their  amendment ; the 
Commons  adhere  to  their  disagreement.  The  term 
of  insisting  may  be  repeated  as  often  as  they  choose, 
to  keep  the  question  open.  But  the  first  adherence 
by  either  renders  it  necessary  for  the  other  side  to  re- 
cede or  adhere  also ; when  the  matter  is  usually  suf- 
fered to  fall.  — 10  Grey , 148.  Latterly,  however, 
there  are  instances  of  their  having  gone  to  a second 
adherence.  There  must  be  an  absolute  conclusion  of 
the  subject  somewhere,  or  otherwise  transactions  be- 
tween the  Houses  would  be  endless.  — 3 Hats.  268, 
270.  The  term  of  insisting,  we  are  told  by  Sir  John 
Trevor,  was  then  [1679]  newly  introduced  into  Par- 
liamentary usage,  by  the  Lords. — 7 G-rey , 94.  It  was 
certainly  a happy  innovation,  as  it  multiplies  the  op- 
portunities of  trying  modifications  which  may  bring 
the  House  to  a concurrence.  Either  House,  however, 
is  free  to  pass  over  the  term  of  insisting,  and  to  adhere 
in  the  first  instance. — 10  Grey , 146.  But  it  is  not 
respectful  to  the  other.  In  the  ordinary  Parliamen- 
tary course,  there  are  two  free  conferences  at  least 
before  adherence. — 10  Grey , 147. 

Either  House  may  recede  from  its  amendment,  and 
agree  to  the  bill ; or  recede  from  their  disagreement 
to  the  amendment,  and  agree  to  the  same  absolutely, 
or  with  an  amendment.  For  here  the  disagreement 
and  receding  destroy  one  another,  and  the  subject 
stands  as  before  the  disagreement. — JSlsynge,  23,  27 ; 
9 Grey , 476. 

But  the  House  cannot  recede  from  or  insist  on,  its 
own  amendment  with  an  amendment,  for  the  same 
reason  that  it  cannot  send  to  the  other  House  an 
amendment  to  its  own  act  after  it  has  passed  the  act. 
They  may  modify  an  amendment  from  the  other 
House  by  ingrafting  an  amendment  on  it,  because  they 


AMENDMENTS  BETWEEN  THE  HOUSES.  97 

have  never  assented  to  it ; but  they  cannot  amend  their 
own  amendment,  because  they  have,  on  the  question, 
passed  it  in  that  form  ; 9 Grey , 353 ; 10  Grey , 240. 
In  Senate,  March  29,  1798.  Nor  where  one  House 
has  adhered  to  their  amendment,  and  the  other  agrees 
with  an  amendment,  can  the  first  House  depart  from 
the  form  which  they  have  fixed  by  an  adherence. 

In  the  case  of  a money  bill,  the  Lords’  proposed 
amendments  became,  by  delay,  confessedly  neces- 
sary. The  Commons,  however,  refused  them,  .as  in- 
fringing on  their  privilege  as  to  money  bills,  but  they 
offered  themselves  to  add  to  the  bill  a proviso  to  the 
same  effect,  which  had  no  coherence  with  the  Lords’ 
amendments,  and  urged,  that  it  was  an  expedient  war- 
ranted by  precedent,  and  not  unparliamentary  in  a case 
become  impracticable,  and  irremediable  in  any  other 
way. — 3 Hats.  256,  266,  270,  271.  But  the  Lords 
refused  and  the  bill  was  lost,  1 Chand.  288.  A like 
case,  1 Chand.  311.  So  the  Commons  resolve,  that 
it  is  unparliamentary  to  strike  out  at  a conference  any 
thing  in  a bill  which  hath  been  agreed  and  passed  by 
both  Houses,  6 Grey , 274 ; 1 Chand.  312. 

A motion  to  amend  an  amendment  from  the  other 
House,  takes  precedence  of  a motion  to  agree  or  dis- 
agree. 

A bill  originating  in  one  House,  is  passed  by  the 
other  with  an  amendment. 

The  originating  House  agrees  to  their  amendment 
with  an  amendment.  The  other  may  agree  to  their 
amendment  with  an  amendment ; that  being  only  in 
the  second  and  not  the  third  degree.  For,  as  to  the 
amending  House,  the  first  amendment  with  which 
they  passed  the  bill  is  a part  of  its  text ; it  is  the  only 
text  they  have  agreed  to.  The  amendment  to  that 
text  by  the  originating  House,  therefore,  is  only  in 
the  1st  degree,  and  the  amendment  to  that  again  by 


98 


CONFERENCES. 


the  amending  House  is  only  in  the  2d,  to  wit,  an 
amendment  to  an  amendment,  and  so  admissible. 
Just  so  when,  on  a bill  from  the  originating  House, 
the  other,  at  its  2d  reading,  makes  an  amendment ; on 
the  3d  reading,  this  amendment  is  become  the  text  of 
the  bill,  and  if  an  amendment  to  it  be  moved,  an 
amendment  to  that  amendment  may  also  be  moved, 
as  being  only  in  the  second  degree. 


SECTION  XL VI. 

CONFERENCES. 

It  is  on  the  occasion  of  amendments  between  the 
Houses  that  conferences  are  usually  asked : but  they 
may  be  asked  in  all  cases  of  difference  of  opinion  be- 
tween the  two  Houses  on  matters  depending  between 
them.  The  request  of  a conference,  however,  must 
always  be  by  the  House  which  is  possessed  of  the 
papers. — 3 Hats.  71 ; 1 Grey , 425. 

Conferences  may  be  either  simple  or  free.  At  a 
conference  simply,  written  reasons  are  prepared  by 
the  House  asking  it,  and  they  are  read  and  delivered 
without  debate,  to  the  managers  of  the  other  House 
at  the  conference ; but  are  not  then  to  be  answered. 
— 3 G-rey , 144.  The  other  House  then,  if  satisfied, 
vote  the  reasons  satisfactory,  or  say  nothing ; if  not 
satisfied,  they  resolve  them  not  satisfactory,  and  ask 
a conference  on  the  subject  of  the  last  conference, 
where  they  read  and  deliver  in  like  manner  written 
answers  to  those  reasons. — 3 Grey , 183.  They  are 
meant  chiefly  to  record  the  justification  of  each  House 
to  the  nation  at  large,  and  to  posterity,  and  in  proof 


CONFERENCES. 


99 


that  the  miscarriage  of  a necessary  measure  is  not 
imputable  to  them. — 3 Grey,  255.  At  free  confer- 
ences, the  managers  discuss  viva  voce  and  freely,  and 
interchange  propositions  for  such  modifications  as  may 
be  made  in  a Parliamentary  way,  and  may  bring  the 
sense  of  the  two  Houses  together.  And  each  party 
reports  in  writing  to  their  respective  Houses  the  sub- 
stance of  what  is  said  on  both  sides,  and  it  is  entered 
in  their  journals. — 6 Grey,  220;  3 Hats.  280.  ( Vide 
Joint  Rules,  1.)  This  report  cannot  be  amended  or 
altered  as  that  of  a committee  may  be. — Journ.  Se- 
nate, May  24,  1796. 

A conference  may  be  asked,  before  the  House 
asking  it  has  come  to  a resolution  of  disagreement, 
insisting  or  adhering.  — 3 Hats.  269,  341.  In  which 
case  the  papers  are  not  left  with  the  other  conferees, 
but  are  brought  back  to  be  the  foundation  of  the 
vote  to  be  given.  And  this  is  the  most  reasonable 
and  respectful  proceeding.  For,  as  was  urged  by  the 
Lords  on  a particular  occasion,  “ it  is  held  vain,  and 
below  the  wisdom  of  Parliament,  to  reason  or  argue 
against  fixed  resolutions,  and  upon  terms  of  impossi- 
bility to  persuade.” — 3 Hats.  226.  So  the  Commons 
say  “ an  adherence  is  never  delivered  at  a free  con- 
ference, which  implies  debate.” — 10  Grey,  147.  And 
on  another  occasion,  the  Lords  made  it  an  objection 
that  the  Commons  had  asked  a free  conference  after 
they  had  made  resolutions  of  adhering.  It  was  then 
affirmed,  however,  on  the  part  of  the  Commons,  that 
nothing  was  more  Parliamentary  than  to  proceed  with 
free  conferences  after  adhering  ; 3 Hats.  269  ; and  we 
do  in  fact  see  instances  of  conference  or  of  free  con- 
ference, asked  after  the  resolution  of  disagreeing. — 3 
Hats.  251,  253,  260,  286,  291,  316,  349,  of  insisting, 
ib.  280,  296,  299,  319,  322,  355,  of  adhering,  269, 
270,  283,  300;  and  even  of  a second  or  final  adhe- 


100 


CONFERENCES. 


rence. — 3 Hats.  270.  And  in  all  cases  of  conference 
asked  after  a vote  of  disagreement,  &c.,  the  conferees 
of  the  House  asking  it  are  to  leave  the  papers  with 
the  conferees  of  the  other ; and  in  one  case  where 
they  refused  to  receive  them,  they  were  left  on  the 
table  in  the  conference  chamber. — 3 Hats.  271,  317, 
323,  354 ; 10  Grey,  146. 

After  a free  conference  the  usage  is  to  proceed 
with  free  conferences,  and  not  to  return  again  to  a 
conference. — 3 Hats.  270;  9 Grey , 229. 

After  a conference  denied,  a free  conference  may 
be  asked. — 1 Grey , 45. 

When  a conference  is  asked,  the  subject  of  it  must 
be  expressed,  or  the  conference  not  agreed  to. — Ord. 
H.  Com.  89 ; 1 Grey , 425 ; 7 Grey , 31.  They  are 
sometimes  asked  to  inquire  concerning  an  offence  or 
default  of  a member  of  the  other  House,  6 Grey , 181 ; 
1 Chand.  304 ; or  the  failure  of  the  other  House  to 
present  to  the  King  a bill  passed  by  both  Houses, 
8 Grey , 302  ; or  on  information  received,  and  relating 
to  the  safety  of  the  nation,  10  Grey , 171,  or  when  the 
methods  of  Parliament  are  thought  by  the  one  House 
to  have  been  departed  from  by  the  other,  a conference 
is  asked  to  come  to  a right  understanding  thereon. — 
10  Grey , 148.  So,  when  an  unparliamentary  mes- 
sage has  been  sent,  instead  of  answering  it,  they  ask 
a conference. — 3 Grey , 155.  Formerly  an  address, 
or  articles  of  impeachment,  or  a bill  with  amendments, 
or  a vote  of  the  House,  or  concurrence  in  a vote,  or 
a message  from  the  King,  were  sometimes  communi- 
cated by  way  of  conference. — 7 Grey , 128,  300,  387 ; 
7 Grey , 80 ; 8 Grey , 210,  255 ; 1 Torbuck’ s Deb. 
278  ; 10  Grey , 293  ; 1 Chandler , 49,  287.  But  this 
is  not  modern  practice. — 8 Grey,  255. 

A conference  has  been  asked,  after  the  first  reading 
of  a bill. — 1 Grey,  194.  This  is  a singular  instance, 


MESSAGES. 


101 


SECTION  XL VII. 

MESSAGES. 

Messages  between  the  Houses  are  to  be  sent  only 
while  both  Houses  are  sitting. — 3 Rats.  15.  They 
are  received  during  a debate,  without  adjourning  the 
debate. — 3 Hats.  22. 

In  Senate,  the  messengers  are  introduced  in  any  state  of  business, 
except — 1.  While  a question  is  putting.  2.  While  the  yeas  and  nays 
are  calling.  3.  While  the  ballots  are  calling.  The  first  case  is  short : 
the  second  and  third  are  cases  where  any  interruption  might  occasion 
errors  difficult  to  be  corrected. — Rule  46. 

In  the  House  of  Representatives,  as  in  Parliament,  if  the  House  be 
in  a committee  when  a messenger  attends,  the  Speaker  takes  the  chair 
to  receive  the  message,  and  then  quits  it  to  return  into  a committee, 
without  any  question  or  interruption. — 4 Grey , 226. 

Messengers  are  not  saluted  by  the  members,  but 
by  the  Speaker,  for  the  House. — 2 Grey , 253.  274. 

If  messengers  commit  an  error  in  delivering  their 
messages,  they  may  be  admitted,  or  called  in,  to  cor- 
rect their  message. — 4 Grey , 41.  Accordingly,  March 
13,  1800,  the  Senate  having  made  two  amendments 
to  a bill  from  the  House  of  Representatives,  their 
secretary,  by  mistake,  delivered  one  only ; which 
being  inadmissible  by  itself,  that  House  disagreed, 
and  notified  the  Senate  of  their  disagreement.  This 
produced  a discovery  of  the  mistake.  The  secretary 
was  sent  to  the  other  House  to  correct  his  mistake, 
the  correction  was  received,  and  the  two  amendments 
acted  on  de  novo. 

As  soon  as  the  messenger,  who  has  brought  bills 
from  the  other  House,  has  retired,  the  Speaker  holds 

5 


102 


MESSAGES. 


the  hill  in  his  hand,  and  acquaints  the  House,  “ that 
the  other  House  have,  by  their  messenger,  sent  cer- 
tain bills,”  and  then  reads  their  titles,  and  delivers 
them  to  the  clerk  to  be  safely  kept,  till  they  shall  be 
called  for  to  be  read.— -Hakeiv.  178. 

It  is  not  the  usage  for  one  House  to  inform  the 
other  by  what  numbers  a bill  has  passed. — 10  Grey , 

150.  Yet  they  have  sometimes  recommended  a bill 
as  of  great  importance  to  the  consideration  of  the 
House  to  which  it  is  sent. — 3 Hats.  25.  Nor  when 
they  have  rejected  a bill  from  the  other  House,  do 
they  give  notice  of  it ; but  it  passes  sub-silentio,  to 
prevent  unbecoming  altercations. — 1 Black.  133. 

But  in  Congress  the  rejection  is  notified  by  message  to  the  House 
in  which  the  bill  originated. — Joint  Rules. 

A question  is  never  asked  by  the  one  House  of  the 
other,  by  way  of  message,  but  only  at  a conference ; 
for  this  is  an  interrogatory,  not  a message. — 3 Grey , 

151,  181. 

When  a hill  is  sent  by  one  House  to  the  other,  and 
is  neglected,  they  may  send  a message  to  remind  them 
of  it. — 3 Hats.  25 ; 5 Grey,  154.  But  if  it  be  mere 
inattention,  it  is  better  to  have  it  done  informally,  by 
communications  between  the  Speakers,  or  members 
of  the  two  Houses. 

Where  the  subject  of  a message  is  of  a nature  that  it 
can  properly  he  communicated  to  both  Houses  of  Par- 
liament, it  is  expected  that  this  communication  should 
be  made  to  both  on  the  same  day.  But  where  a mes- 
sage was  accompanied  with  an  original  declaration, 
signed  by  the  party,  to  which  the  message  referred,  its 
being  sent  to  one  House  was  not  noticed  by  the  other, 
because  the  declaration,  being  original,  could  not  pos- 
sibly be  sent  to  both  Houses  at  the  same  time. — 2 
Hats.  260,  261,  262.  , 

The  King  having  sent  original  letters  to  the  Com- 


ASSENT. 


108 


mons,  afterwards  desires  they  may  be  returned,  that 
he  may  communicate  them  to  the  Lords. — 1 Chandler , 


303. 


SECTION  XLVIII. 

ASSENT. 

The  House  which  has  received  a bill,  and  passed 
it,  may  present  it  for  the  King’s  assent,  and  ought  to 
do  it,  though  they  have  not  by  message  notified  to 
the  other  their  passage  of  it.  Yet  the  notifying  by 
message  is  a form  which  ought  to  be  observed  be- 
tween the  two  Houses,  from  motives  of  respect  and 
good  understanding. — % Hats.  242.  Were  the  bill  to 
be  withheld  from  being  presented  to  the  King,  it 
would  be  an  infringement  of  the  rules  of  Parliament. 
— 2 Hats.  242. 

When  a bill  has  passed  both  Houses  of  Congress,  the  House  last 
acting  on  it  notifies  its  passage  to  the  other,  and  delivers  the  bill  to  the 
joint  committee  of  enrolment,  who  see  that  it  is  truly  enrolled  in  parch- 
ment.— ( Vide  Joint  Rules,  6.)  When  the  bill  is  enrolled,  it  is  not  to 
be  written  in  paragraphs,  but  solidly  and  all  of  a piece,  that  the  blanks 
within  the  paragraphs  may  not  give  room  for  forgery. — 9 Grey,  143. 
It  is  then  put  in  the  hands  of  the  clerk  of  the  House  of  Representatives, 
to  have  it  signed  by  the  Speaker.  The  clerk  then  brings  it  by  way  of 
message  to  the  Senate,  to  be  signed  by  their  President.  The  secretary 
of  the  Senate  returns  it  to  the  committee  of  enrolment,  who  present  it 
to  the  President  of  the  United  States. — ( Vide  Joint  Rules,  8,  9.)  If 
he  approves,  he  signs  and  deposits  it  among  the  rolls  in  the  office  of 
the  Secretary  of  State,  and  notifies  by  message  the  House  in  which  it 
originated,  that  he  has  approved  and  signed  it ; of  which  that  House 
informs  the  other  by  message.  If  the  President  disapprove,  he  is  to 


104 


JOURNALS. 


return  it,  with  his  objections,  to  the  House  in  which  it  shall  have  ori- 
ginated ; who  are  to  enter  the  objections  at  large  on  their  journa., 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two-thirds 
of  the  House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 
with  the  President’s  objections,  to  the  other  House,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two-thirds  of  that  House, 
it  shall  become  a law.  If  any  bill  shall  not  be  returned  by  the  Pre- 
sident within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  Congress,  by  their  adjournment,  prevent  its  re- 
turn ; in  which  case  it  shall  not  be  a law. — Const.  U.  S.,  Art.  I.  Sec.  7. 

Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
Senate  and  the  House  of  Representatives  may  be  necessary,  (except 
on  a question  of  adjournment,)  shall  be  presented  to  the  President  of 
the  United  States,  and  before  the  same  shall  take  effect,  shall  be  ap- 
proved by  him,  or,  being  disapproved  by  him,  shall  be  re-passed  by 
two-thirds  of  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a bill. — Const.  U. 
S.,  Art.  I,  Sec.  7. 


SECTION  XL IX. 

JOURNALS. 

Each  House  shall  keep  a journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may,  in  their  judg- 
ment, require  secrecy. — Const.,  I.  5,  3. 

The  proceedings  of  the  Senate,  when  not  acting  as  in  a committee 
of  the  House,  shall  be  entered  on  the  journals,  as  concisely  as  possible, 
care  being  taken  to  detail  a true  account  of  the  proceedings.  Every 
vote  of  the  Senate  shall  be  entered  on  the  journals,  and  a brief  state- 
ment of  the  contents  of  each  petition,  memorial,  or  paper,  presented 
to  the  Senate,  be  also  inserted  on  the  journals. — Rule  32. 

The  titles  of  bills,  and  such  parts  thereof  only  as  shall  be  affected 
by  proposed  amendments,  shall  be  inserted  on  the  journals. — Rule  31. 


JOURNALS. 


105 


If  a question  is  interrupted  by  a vote  to  adjourn,  or 
to  proceed  to  the  orders  of  the  day,  the  original  ques- 
tion is  never  printed  in  the  journal,  it  never  having 
been  a vote,  nor  introductory  to  any  vote : but  when 
suppressed  by  the  previous  question,  the  first  question 
must  be  stated,  in  order  to  introduce,  and  make  intel- 
ligible, the  second. — 2 Hats.  83. 

So  also,  when  a question  is  postponed,  adjourned, 
or  laid  on  the  table,  the  original  question,  though  not 
yet  a vote,  must  be  expressed  in  the  journals  ; because 
it  makes  part  of  the  vote  of  postponement,  adjourning, 
or  laying  on  the  table. 

Where  amendments  are  made  to  a question,  those 
amendments  are  not  printed  in  the  journals,  separated 
from  the  question ; but  only  the  question  as  finally 
agreed  to  by  the  House.  The  rule  of  entering  in  the 
journals  only  what  the  House  has  agreed  to,  is  founded 
in  great  prudence  and  good  sense ; as  there  may  be 
many  questions  proposed  which  it  may  be  improper 
to  publish  to  the  world,  in  the  form  in  which  they  are 
made. — 2 Hats.  85. 

In  both  Houses  of  Congress,  all  questions  whereon  the  yeas  and 
nays  are  desired  by  one-fifith  of  the  members  present,  whether  decided 
affirmatively  or  negatively,  must  be  entered  on  the  journals. — Const. 
I.  5,  3. 

The  first  order  for  printing  the  votes  of  the  House 
of  Commons,  was  October  30,  1685.  — 1 Chandler, 
387. 

Some  judges  have  been  of  opinion,  that  the  journals 
of  the  House  of  Commons  are  no  records,  but  remem- 
brances. But  this  is  not  law. — Cob.  110,  111 ; Lex. 
Pari.  114,  115 ; Jour.  H.  C.  Mar.  17,  1592 ; Hale 
Pari.  105.  For  the  Lords,  in  their  House,  have 
power  of  judicature;  the 'Commons,  in  their  House, 
have  power  of  judicature  ; and  both  Houses  together 
have  power  of  judicature ; and  the  book  of  the  clerk 


106 


ADJOURNMENT. 


of  the  House  of  Commons  is  a record,  as  is  affirmed 
by  act  of  Parliament.  — 6 H.  8.  c.  16;  Inst.  23,  24; 
and  every  member  of  the  House  of  Commons  has  a 
judicial  place. — 4 Inst.  15.  As  records,  they  are 
open  to  every  person ; and  a printed  vote  of  either 
House  is  sufficient  ground  for  the  other  to  notice  it. 
Either  may  appoint  a committee  to  inspect  the  journals 
of  the  other,  and  report  what  has  been  done  by  the 
other  in  any  particular  case.  — 2 Hats.  261 ; 3 Hats. 
27,  30.  Every  member  has  a right  to  see  the  journals, 
and  to  take  and  publish  votes  from  them.  Being  a 
record,  every  one  may  see  and  publish  them.  — 6 
Grey,  118,  119. 

On  information  of  a mis-entry  or  omission  of  an 
entry  in  the  journal,  a committee  may  be  appointed  to 
examine  and  rectify  it,  and  report  it  to  the  House. — 
2 Hats.  194,  5. 


SECTION  L. 

ADJOURNMENT. 

The  two  Houses  of  Parliament  have  the  sole,  sepa- 
rate, and  independent  power  of  adjourning,  each  their 
respective  Houses.  The  King  has  no  authority  to 
adjourn  them ; he  can  only  signify  his  desire,  and  it 
is  in  the  wisdom  and  prudence  of  either  House  to 
comply  with  his  requisition,  or  not,  as  they  see  fitting. 
— 2 Hats.  332  ; 1 Blackstone,  186  ; 5 Grey,  122. 


By  the  Constitution  of  the  United  States,  a smaller  number  than  a 
majority  may  adjourn  from  day  to  day. — I.  5.  But  neither  House, 
during  the  session  of  Congress,  shall,  without  the  consent  of  the  other, 
adjourn  tor  more  than  three  days,  nor  to  any  other  place  than  that  in 


A SESSION. 


107 


which  the  two  Houses  shall  be  sitting. — I.  5.  The  President  may,  on 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them,  and 
in  case  of  disagreement  between  them,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think 
proper. — Const.  II.  3. 

A motion  to  adjourn  simply,  cannot  be  amended 
as  by  adding,  “To  a particular  day.”  But  must  be 
put  simply,  “ That  this  House  do  now  adjourn  ?” 
and,  if  carried  in  the  affirmative,  it  is  adjourned  to 
the  next  sitting  day,  unless  it  has  come  to  a previous 
resolution,  “ That  at  its  rising,  it  will  adjourn  to  a 
particular  day;”  and  then  the  House  is  adjourned  to 
that  day. — 2 Hats.  82. 

Where  it  is  convenient  that  the  business  of  the 
House  be  suspended  for  a short  time,  as  for  a confer- 
ence presently  to  be  held,  &c.,  it  adjourns  during 
pleasure. — -'2  Hats.  305.  Or  for  a quarter  of  an  hour. 
— 5 Grey , 331. 

If  a question  be  put  for  adjournment,  it  is  no  ad- 
journment till  the  Speaker  pronounces  it. — 5 G-rey , 
137.  And  from  courtesy  and  respect,  no  member 
leaves  his  place  till  the  Speaker  has  passed  on. 


SECTION  LI. 

A SESSION. 

Parliament  have  three  modes  of  separation,  to 
wit,  by  adjournment,  by  prorogation,  by  dissolution 
by  the  King,  or  by  the  efflux  of  the  term  for  which 
they  were  elected.  Prorogation  or  dissolution  con- 
stitutes there  what  is  called  a session ; provided  some 
act  has  passed.  In  this  case,  all  matters  depending 
before  them  are  discontinued,  and  at  their  next 


108 


A SESSION. 


meeting  are  to  be  taken  up  de  novo , if  taken  up  at 
all. — 1 Blackstone,  186.  Adjournment,  which  is  by 
themselves,  is  no  more  than  a continuance  of  the 
session  from  one  day  to  another,  or  for  a fortnight,  a 
month,  &c.,  ad  libitum.  All  matters  depending  re- 
main in  statu  quo , and  when  they  meet  again,  be 
the  term  ever  so  distant,  are  resumed  without  any 
fresh  commencement,  at  the  point  at  which  they 
were  left. — 1 Lev.  165  ; Lex.  Pari.  c.  2 ; 1 Ro.  Rep. 
29  ; 4 Inst.  7,  27,  28  ; Mutt.  61 ; 1 Mod.  152 ; Ruffh. 
Jac.  L.  Diet.  Parliaments  ; Blackstone , 186.  Their 
whole  session  is  considered  in  law  but  as  one  day,  and 
has  relation  to  the  first  day  thereof. — Bro.  Abr.  Par- 
liament, 86. 

Committees  may  be  appointed  to  sit  during  a re- 
cess by  adjournment,  but  not  by  prorogation. — 
5 G-rey , 374;  9 Grey , 350;  1 Chandler , 50.  Neither 
House  can  continue  any  portion  of  itself  in  any  Par- 
liamentary function,  beyond  the  end  of  the  session, 
without  the  consent  of  the  other  two  branches.  When 
done,  it  is  by  a bill  constituting  them  commissioners 
for  the  particular  purpose. 

Congress  separate  in  two  ways  only,  to  wit,  by  adjournment  or  dis- 
solution by  the  efflux  of  their  time.  What  then  constitutes  a session 
with  them  ? A dissolution  certainly  closes  one  session,  and  the  meet- 
ing of  the  new  Congress  begins  another.  The  Constitution  authorizes 
the  President,  “ On  extraordinary  occasions,  to  convene  both  Houses,  or 
either  of  them.” — Art.  I.  Sec.  3.  If  convened  by  the  President’s  pro- 
clamation, this  must  begin  a new  session,  and  of  course  determine  the 
preceding  one  to  have  been  a session.  So,  if  it  meets  under  the  clause 
of  the  Constitution,  which  says,  “ The  Congress  shall  assemble,  at  least 
once  in  every  year,  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a different  day,” — I.  4, — 
this  must  begin  a new  session.  For  even  if  the  last  adjournment  was 
to  this  day,  the  act  of  adjournment  is  merged  in  the  higher  authority 
of  the  Constitution,  and  the  meeting  will  be  under  that,  and  not  under 


TREATIES. 


109 


their  adjournment.  So  far  we  have  fixed  landmarks  for  determining 
sessions.  In  other  cases,  it  is  declared  by  the  joint  vote  authorizing  the 
President  of  the  Senate  and  the  Speaker  to  close  the  session  on  a fixed 
day,  which  is  usually  in  the  following  form,  “Resolved,  by  the  Senate 
and  House  of  Representatives,  that  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives,  be  authorized  to  close 

the  present  session,  by  adjourning  their  respective  Houses  on  the 

day  of .” 

When  it  was  said  above,  that  all  matters  depend- 
ing before  Parliament  were  discontinued  by  the  de- 
termination of  the  session,  it  was  not  meant  for 
judiciary  cases,  depending  before  the  House  of  Lords, 
such  as  impeachments,  appeals,  and  writs  of  error. 
These  stand  continued  of  course  to  the  next  session. — 
Raym.  120,  381  ; Muffh.  Jac.  L.  D.  Parliament. 

Impeachments  stand  in  like  manner  continued  before  the  Senate 
of  the  United  States.* 


SECTION  L II. 

TREATIES. 

The  President  of  the  United  States  has  power,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senators  present  concur. — Const.  U.  S.  Art.  II.  Sec.  2. 

All  confidential  communications, made  by  the  President  of  the  United 
States  to  the  Senate,  shall  be,  by  the  members  thereof  kept  inviolably 
secret ; and  that  all  treaties,  which  may  hereafter  be  laid  before  the 
Senate,  shall  also  be  kept  secret,  until  the  Senate  shall,  by  their  reso- 
lution, take  off  the  injunction  of  secrecy. — Rule  38. 

Treaties  are  legislative  acts.  A treaty  is  a law  of 
the  land.  It  differs  from  other  laws  only  as  it  must 


* It  was  held,  in  the  case  of  Hastings,  that  a dissolution  did  not 
work  the  discontinuance  of  an  impeachment. 

5 * 


110 


TREATIES. 


have  the  consent  of  a foreign  nation,  being  but  a con- 
tract with  respect  to  that  nation.  In  all  countries,  I 
believe,  except  England,  treaties  are  made  by  the 
legislative  power : and  there,  also,  if  they  touch  the 
laws  of  the  land,  they  must  be  approved  by  Parlia- 
ment. Ware,  vs.  Hilton. — 3 Dallas's  Rep.  199.  It  is 
acknowledged,  for  instance,  that  the  King  of  Great 
Britain  cannot,  by  a treaty,  make  a citizen  of  an 
alien. — Vattel , b.  1,  c.  19,  sec.  214.  An  act  of  Par- 
liament was  necessary  to  validate  the  American  treaty 
of  1783.  And  abundant  examples  of  such  acts  can  be 
cited.  In  the  case  of  the  treaty  of  Utrecht,  in  1712, 
the  commercial  articles  required  the  concurrence  of 
Parliament.  But  a bill  brought  in  for  that  purpose 
was  rejected.  France,  the  other  contracting  party, 
suffered  these  articles,  in  practice,  to  be  not  insisted 
on,  and  adhered  to  the  rest  of  the  treaty. — 4 Russell's 
Hist.  Mod.  Europe , 457  ; 2 Smollett , 242,  246. 

By  the  Constitution  of  the  United  States,  this  department  of  legis- 
lation is  confined  to  two  branches  only,  of  the  ordinary  Legislature ; 
the  President  originating,  and  Senate  having  a negative.  To  what 
subject  this  power  extends,  has  not  been  defined  in  detail  by  the  Con- 
stitution; nor  are  we  entirely  agreed  among  ourselves.  1.  It  is  ad- 
mitted that  it  must  concern  the  foreign  nation,  party  to  the  contract,  or 
it  would  be  a mere  nullity  res  inter  alias  acta.  2.  By  the  general 
power  to  make  treaties,  the  Constitution  must  have  intended  to  com- 
prehend only  those  objects  which  are  usually  regulated  by  treaty,  and 
cannot  be  otherwise  regulated.  3.  It  must  have  meant  to  except  out 
of  these  the  rights  reserved  to  the  states ; for  surely  the  President  and 
Senate  cannot  do  by  treaty  what  the  whole  government  is  interdicted 
from  doing  in  any  way.  4.  And  also  to  except  those  subjects  of  legis- 
lation in  which  it  gave  a participation  to  the  House  of  Representatives. 
This  last  exception  is  denied  by  some,  on  the  ground  that  it  would 
leave  very  little  matter  for  the  treaty  power  to  work  on.  The  less  the 
better,  say  others.  The  Constitution  thought  it  wise  to  restrain  tha 


TREATIES. 


Ill 


Executive  and  Senate  from  entangling’  and  embroiling  our  affairs 
with  those  of  Europe.  Besides,  as  the  negotiations  are  carried  on  by 
the  Executive  alone,  the  subjecting  to  the  ratification  of  the  Repre- 
sentatives such  articles  as  are  within  their  participation,  is  no  more 
inconvenient  than  to  the  Senate.  But  the  ground  of  this  exemption 
is  denied  as  unfounded.  For  examine,  e.  g.,  the  treaty  of  commerce 
with  France,  and  it  will  be  found  that  out  of  thirty-one  articles,  there 
are  not  more  than  small  portions  of  two  or  three  of  them  which  would 
not  still  remain  as  subjects  of  treaties,  untouched  by  these  exceptions. 

Treaties  being  declared,  equally  with  the  laws  of  the  United  States, 
to  be  the  supreme  law  of  the  land,  it  is  understood  that  an  act  of  the 
Legislature  alone  can  declare  them  infringed  and  rescinded.  This 
was  accordingly  the  process  adopted  in  the  case  of  France,  1798. 

It  has  been  the  usage  of  the  Executive,  when  it  communicates  a 
treaty  to  the  Senate  for  their  ratification,  to  communicate  also  the 
correspondence. of  the  negotiations.  This  having  been  omitted  in  the 
case  of  the  Prussian  treaty,  was  asked  by  a vote  of  the  House  of 
February  12,  1800,  and  was  obtained.  And  in  December,  1800,  the 
Convention  of  that  year,  between  the  United  States  and  France,  with 
the  report  of  tire  negotiations  by  the  Envoys,  but  not  their  instruc- 
tions, being  laid  before  the  Senate,  the  instructions  were  asked  lor, 
and  communicated  by  the  President. 

The  mode  of  voting  on  questions  of  ratification  is  by  nominal 
call. 

Whenever  a treaty  shall  be  laid  before  the  Senate  for  ratification, 
it  shall  be  read  a first  time  for  information  only ; when  no  motion  to 
reject,  ratify,  or  modify  the  whole  or  any  part,  shall  be  received. 

Its  second  reading  shall  be  for  consideration ; and  on  a subsequent 
day,  when  it  shall  be  taken  up  as  in  a committee  of  the  whole,  and 
every  one  shall  be  free  to  move  a question  on  any  particular  article  in 
this  form  : “ Will  the  Senate  advise  and  consent  to  the  ratification  of 
this  article  ?”  or  to  propose  amendments  thereto,  either  by  inserting  or 
by  leaving  out  words,  in  which  last  case  the  question  shall  be,  “ Shall 
the  words  stand  part  of  the  article  ?”  And  in  every  of  the  said  cases, 
the  concurrence  of  two-thirds  of  the  Senators  present  shall  be  required 


112 


IMPEACHMENT. 


to  decide  affirmatively.  And  when  through  the  whole,  the  proceed- 
ings shall  be  stated  to  the  House,  and  questions  be  again  severally 
put  thereon  for  confirmation,  or  new  ones  proposed,  requiring  in  like 
manner  a concurrence  of  two-thirds  for  whatever  is  retained  or 
inserted. 

The  votes  so  confirmed  shall,  by  the  House  or  a committee  thereof! 
be  reduced  into  the  form  of  a ratification  with  or  without  modifica- 
tions, as  may  have  been  decided,  and  shall  be  proposed  on  a subse- 
quent day,  when  every  one  shall  again  be  free  to  move  amendments, 
either  by  inserting  or  leaving  out  words ; in  which  last  case  the  ques- 
tion shall  be,  “ Shall  the  words  stand  part  of  the  resolution  ?”  And 
in  both  cases  the  concurrence  of  two-thirds  shall  be  requisite  to  carry 
the  affirmative ; as  well  as  on  the  final  question  to  advise  and  consent 
to  the  ratification  in  the  form  agreed  to. — Rule  37. 

When  any  question  may  have  been  decided  by  the  Senate,  in  which 
two-thirds  of  the  members  present  are  necessary  to  carry  the  affirma- 
tive, any  member  who  voted  on  that  side  which  prevailed  in  the 
question,  may  be  at  liberty  to  move  for  a reconsideration ; and  a 
motion  for  reconsideration  shall  be  decided  by  a majority  of  votes. — 
Rule  44. 


SECTION  LIII. 

IMPEACHMENT. 

The  House  of  Representatives  shall  have  the  sole  power  of  im- 
peachment.— Const.  U.  S.,  Art.  I.  Sec.  3. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside : and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present.  Judgment,  in  cases  of 
impeachment,  shall  not  extend  further  than  to  removal  from  office,  and 


IMPEACHMENT. 


113 


disqualification  to  hold  and  enjoy  any  office  of  honour,  trust,  or  profit, 
under  the  United  States.  But  the  party  convicted  shall  nevertheless 
be  liable  and  subject  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law. — Const.  U.  S.  Art.  I.  Sec.  3. 

The  President,  Vice-President,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for,  and  convic- 
tion of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. — 
Const  U.  S.  Art.  II.  Sec.  4. 

The  trial  of  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury. — Const.  U.  S.  Art.  III.  Sec.  2. 

These  are  the  provisions  of  the  Constitution  of  the 
United  States  on  the  subject  of  impeachments.  The 
following  is  a sketch  of  some  of  the  principles  and 
practices  of  England  on  the  same  subject. 

Jurisdiction. — The  Lords  cannot  impeach  any  to 
themselves,  nor  join  in  the  accusation,  because  they 
are  judges.— Seld.  Judic.  in  Pari.  12,  63.  Nor  can 
they  proceed  against  a commoner,  but  on  complaint  of 
the  Commons. — lb.  84.  The  Lords  may  not,  by  the 
law,  try  a commoner  for  capital  offence,  on  the  infor- 
mation of  the  King,  or  a private  person  ; because  the 
accused  is  entitled  to  a trial  by  his  peers  generally ; but 
on  accusation  by  the  House  of  Commons,  they  may 
proceed  against  the  delinquent,  of  whatsoever  degree, 
and  whatsoever  be  the  nature  of  the  offence  ; for  there 
they  do  not  assume  to  themselves  trial  at  common  law. 
The  Commons  are  then  instead  of  a jury,  and  the 
judgment  is  given  on  their  demand,  which  is  instead 
of  a verdict.  So  the  Lords  do  only  judge  but  not  try 
the  delinquent.  — lb.  6,  7.  But  Wooddeson  denies 
that  a commoner  can  now  he  charged  capitally  before 
the  Lords,  even  by  the  Commons ; and  cites  Fitz- 
harris’s  case,  1681,  impeached  of  high  treason,  where 
the  Lords  remitted  the  prosecution  to  the  inferior 
court. — 8 Grrey’s  Deb.  325,  6,  7 ; 2 Wooddeson , 601, 
576 ; 3 Seld.  1610,  1619,  1641 ; 4 Black.  257 ; 3 
Seld.  1604.  1618,  9.  1656. 


114 


IMPEACHMENT. 


Accusation. — The  Commons,  as  the  grand  inquest 
of  the  nation,  become  suitors  for  penal  justice. — 2 
Woodd.  597  ; 6 Gtrey , 356.  The  general  course  is 
to  pass  a resolution,  containing  a criminal  charge 
against  the  supposed  delinquent,  and  then  to  direct 
some  member  to  impeach  him  by  oral  accusation,  at 
the  bar  of  the  House  of  Lords,  in  the  name  of  the 
Commons.  The  person  signifies,  that  the  articles  will 
be  exhibited,  and  desires  that  the  delinquent  may.  he 
sequestered  from  his  seat,  or  be  committed,  or  that  the 
Peers  will  take  order  for  his  appearance. — Sachev. 
Trial.  325  ; 2 Woodd.  602,  605  ; Lord’s  Jour.  3 June, 
1701 ; 1 Wms.  616 ; 6 Grey , 324. 

Process. — If  the  party  do  not  appear,  proclamations 
are  to  be  issued  giving  him  a day  to  appear.  On  their 
return  they  are  strictly  examined.  If  any  error  be 
found  in  them,  a new  proclamation  issues,  giving  a 
short  day.  If  he  appear  not,  his  goods  may  be  ar- 
rested, and  they  may  proceed. — Seld.  Jud.  98,  99. 

Articles. — The  accusation  (article)  of  the  Commons, 
is  substituted  in  place  of  an  indictment.  Thus,  by 
the  usage  of  Parliament,  an  impeachment  for  writing 
or  speaking  the  particular  words,  need  not  be  speci- 
fied.— Sadi.  Tr.  325;  2 Woodd.  602,  605;  Lords’ 
Journ.  3 June,  1701;  1 Wms.  616. 

Appearance. — If  he  appears,  and  the  case  be  capi- 
tal, he  answers  in  custody  ; though  not  if  the  accusa- 
tion be  general.  He  is  not  to  be  committed  but  on 
special  accusations.  If  it  be  for  a misdemeanor  only, 
he  answers  a Lord  in  his  place,  a Commoner  at  the  bar, 
and  not  in  custody,  unless,  on  the  answer,  the  Lords 
find  cause  to  commit  him  till  he  find  sureties  to  attend, 
and  lest  he  should  fly. — Seld.  Jud.  98,  99.  A copy 
of  the  articles  is  given  him,  and  a day  fixed  for  his 
answer.  — T.  Pay ; 1 Rusliw.  268 ; Post.  232 ; 1 
Clar.  Hist,  of  the  Reh.  379.  On  a misdemeanor, 
his  appearance  may  be  in  person,  or  he  may  answer 


IMPEACHMENT. 


115 


in  writing,  or  by  attorney.  — Seld.  Jud.  100.  The 
general  rule  on  accusation  for  a misdemeanor  is,  that 
in  such  a state  of  liberty  or  restraint  as  the  party  is 
when  the  Commons  complain  of  him,  in  such  he  is  to 
answer. — Seld.  Jud.  101.  If  previously  committed 
by  the  Commons,  he  answers  as  a prisoner.  But  this 
may  be  called,  in  some  sort,  judicium  parium  suorum. 
— Seld.  Jud.  In  misdemeanors,  the  party  has  a right 
to  counsel  by  the  common  law ; but  not  in  capital 
cases. — Seld.  Jud.  102 — 5. 

Ansiver.  — The  answer  need  not  observe  great 
strictness  of  form.  He  may  plead  guilty  as  to  part, 
and  defend  as  to  the  residue  ; or,  saving  all  exceptions, 
deny  the  whole,  or  give  a particular  answer  to  each 
article  separately. — 1 Rush.  274  ; 2 Rush.  1374  ; 12 
Pari.  Hist.  442  ; 3 Lords'  journ.  13  Nov.  1643  ; 2 
Wood.  607.  But  he  cannot  plead  a pardon  in  bar  to 
the  impeachment. — 2 Wood.  618  ; 2 St.  Tr.  735. 

Replication , rejoinder , fc. — There  may  be  a repli- 
cation, rejoinder,  &c. — Seld.  Jud.  114  ; 8 Grey's  Deb. 
233 ; Sach.  Tr.  15 ; Journ.  House  of  Commons , 6 
March,  1640,  1. 

Witnesses. — The  practice  is  to  swear  the  witnesses 
in  open  House,  and  then  examine  them  there : or  a 
committee  may  be  named,  who  shall  examine  them  in 
committee  either  on  interrogatories  agreed  on  in  the 
House,  or  such  as  the  committee,  in  their  discretion, 
shall  demand. — Seld.  Jud.  120,  123. 

Jury. — In  the  case  of  Alice  Pierce,  1 R.  2.  a jury 
was  empannelled  for  her  trial  before  a committee. — 
Seld.  Jud.  123.  But  this  was  on  a complaint,  not 
an  impeachment  by  the  Commons. — Seld.  Jud.  163. 
It  must  also  have  been  for  a misdemeanor  only,  as 
the  Lords  Spiritual  sat  in  the  case,  which  they  do  on 
misdemeanors,  but  not  in  capital  cases. — Seld.  Jud. 
148.  The  judgment  was  a forfeiture  of  all  her  lands 
and  goods.  — Seld.  Jud.  188.  This,  Selden  says,  is 


116 


IMPEACHMENT. 


the  only  jury  he  finds  recorded  in  Parliament  for  mis- 
demeanors ; but  he  makes  no  doubt  if  the  delinquent 
doth  put  himself  on  the  trial  of  his  country,  a jury 
ought  to  be  empannelled : and  he  adds,  that  it  is  not 
so  on  impeachment  by  the  Commons ; for  they  are  in 
oco  proprio,  and  here  no  jury  ought  to  be  empan- 
nelled.— lb.  124.  The  Lord  Berkley,  6 E.  3,  was 
arraigned  for  the  murder  of,  L.  2,  on  an  information 
on  the  part  of  the  King,  and  not  on  impeachment  of 
the  Commons ; for  then  they  had  been  patria  sua. 
He  waived  his  peerage,  and  was  tried  by  a jury  of 
Gloucestershire  and  Warwickshire. — lb.  125.  In  one, 
1 H.  7,  the  Commons  protest  that  they  are  not  to  he 
considered  as  parties  to  any  judgment  given,  or  here- 
after to  be  given  in  Parliament. — lb.  133.  They  have 
been  generally,  and  more  justly  considered,  as  is  be- 
fore stated,  as  the  grand  jury.  For  the  conceit  of 
Selden  is  certainly  not  accurate,  that  they  are  the  pa- 
tria sua  of  the  accused,  and  that  the  Lords  do  only 
judge,  but  not  try.  It  is  undeniable  that  they  do  try. 
For  they  examine  witnesses  as  to  the  facts,  and  acquit 
or  condemn  according  to  their  own  belief  of  them. 
And  Lord  Hale  says,  “ the  Peers  are  judges  of  law 
as  well  as  of  fact.” — 2 Hale , P.  C.  275.  Consequently 
of  fact  as  well  as  of  law. 

Presence  of  Commons. — The  Commons  are  to  be 
present  at  the  examination  of  witnesses. — Seld.Jud. 
124.  Indeed,  they  are  to  attend  throughout,  either 
as  a committee  of  the  whole  House  ; or  otherwise,  at 
discretion,  appoint  managers  to  conduct  the  proofs. — 
Rushw.  Tr.  of  Straff.  37  ; Com.  journ.  4 Feb.  1709, 
10  ; 2 Wood.  614.  And  judgment  is  not  to  be  given 
till  they  demand  it. — Seld.  Jud.  124.  But  they  are 
not  to  be  present  on  impeachment  when  the  Lords 
consider  of  the  answer  or  proofs,  and  determine  of 
their  judgment.  Their  presence,  however,  is  neces- 
sary at  the  answer  and  judgment  in  cases  capital. — lb. 


IMPEACHMENT. 


117 


58,  159  ; as  well  as  not  capital,  162.  The  Lords  de- 
bate the  judgment  among  themselves.  Then  the  vote 
is  first  taken  on  the  question  of  guilty  or  not  guilty ; 
and  if  they  convict,  the  question,  or  particular  sen- 
tence, is  out  of  that  which  seemeth  to  be  most  gene- 
rally agreed  on. — Seld.  Jud.  167 ; 2 Wood.  612. 

Judgment. — Judgments  in  Parliament,  for  death, 
have  been  strictly  guided  per  legem  terrse , which  they 
cannot  alter ; and  not  at  all  according  to  their  discre- 
tion. They  can  neither  admit  any  part  of  the  legal 
judgment,  nor  add  to  it.  Their  sentence  must  be  se- 
cundum, non  ultra  legem. — Seld.  Jud.  168,  169, 170, 
171.  This  trial,  though  it  varies  in  external  ceremony, 
yet  differs  not  in  essentials  from  criminal  prosecutions 
before  inferior  courts.  The  same  rules  of  evidence, 
the  same  legal  notions  of  crimes  and  punishments, 
prevail.  For  impeachments  were  not  framed  to  alter 
the  law,  but  to  carry  it  into  more  effectual  execution 
against  two  powerful  delinquents.  The  judgment, 
therefore,  is  to  be  such  as  is  warranted  by  legal  prin- 
ciples or  precedents.  — 6 Sta.  Tr.  14 ; 2 Wood.  611. 
The  Chancellor  gives  judgments  in  misdemeanors ; 
the  Lord  High  Steward,  formerly,  in  cases  of  life  and 
death.  — Seld.  Jud.  180.  But  now  the  Steward  is 
deemed  not  necessary.  — Fost.  144;  1 Woodd.  613. 
In  misdemeanors,  the  greatest  corporal  punishment 
hath  been  imprisonment.  — Seld.  Jud.  184.  The 
King’s  assent  is  necessary  in  capital  judgments,  (but 
2 Woodd.  614.  contra.)  but  not  in  misdemeanors. — 
Seld.  Jud.  136. 

Continuance. — An  impeachment  is  not  discontinued 
by  the  dissolution  of  Parliament ; but  may  be  resumed 
by  the  new  Parliament. — T.  Ray.  383  ; 5 Com.  jour. 
23  Dec.  1790;  Lords'  jour.  May  16,  1791;  2 Wood. 
618. 


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. 

• ’ % . • 


m 


• 


...» 


• *:«* 

JL  JS 


RULES 

FOR 


CONDUCTING  BUSINESS 

IN  THE 

SENATE  OF  THE  UNITED  STATES. 


(119) 


RULES 


FOR 

CONDUCTING  BUSINESS 

IN  THE 

SENATE  OF  THE  UNITED  STATES. 


1.  The  President  having  taken  the  chair,  and  a 
quorum  being  present,  the  journal  of  the  preceding 
day  shall  be  read,  to  the  end  that  any  mistake  may  be 
corrected  that  shall  be  made  in  the  entries. 

2.  No  member  shall  speak  to  another,  or  otherwise 
interrupt  the  business  of  the  Senate,  or  read  any  news- 
paper, while  the  journals  or  public  papers  are  reading, 
or  when  any  member  is  speaking  in  any  debate. 

3.  Every  member,  when  he  speaks,  shall  address 
the  chair,  standing  in  his  place,  and,  when  he  has 
finished,  shall  sit  down. 

4.  No  member  shall  speak  more  than  twice,  in  any 
one  debate,  on  the  same  day,  without  leave  of  the 
Senate. 

5.  When  two  members  rise  at  the  same  time,  the 
President  shall  name  the  person  to  speak ; but  in  all 
cases  the  member  who  shall  first  rise  and  address  the 
chair  shall  speak  first. 

6.  When  a member  shall  be  called  to  order  by  the 
President,  or  a Senator,  he  shall  sit  down ; and  every 
question  out  of  order  shall  be  decided  by  the  President, 
without  debate,  subject  to  an  appeal  to  the  Senate ; and 

(121) 


122 


RULES  OF  THE  SENATE. 


the  President  may  call  for  the  sense  of  the  Senate  on 
any  question  of  order. 

7.  If  the  member  be  called  to  order  by  a Senator 
for  words  spoken,  the  exceptionable  words  shall  im- 
mediately be  taken  down  in  writing,  that  the  President 
may  be  better  enabled  to  judge  of  the  matter. 

8.  No  member  shall  absent  himself  from  the  service 
of  the  Senate,  without  leave  of  the  Senate  first  ob- 
tained. And,  in  case  a less  number  than  a quorum 
of  the  Senate  shall  convene,  they  are  hereby  autho- 
rized to  send  the  sergeant-at-arms,  or  any  other  person 
or  persons  by  them  authorized,  for  any  or  all  absent 
members,  as  the  majority  of  such  members  present 
shall  agree,  at  the  expense  of  such  absent  members, 
respectively,  unless  such  excuse  for  non-attendance 
shall  be  made  as  the  Senate,  when  a quorum  is  con- 
vened, shall  judge  sufficient ; and,  in  that  case,  the 
expense  shall  be  paid  out  of  the  contingent  fund.  And 
this  rule  shall  apply  as  well  to  the  first  convention  of 
the  Senate  at  the  legal  time  of  meeting,  as  to  each  day 
of^the  session,  after  the  hour  has  arrived  to  which 
the  Senate  stood  adjourned. 

9.  No  motion  shall  be  debated  until  the  same  shall 
be  seconded. 

10.  When  a motion  shall  be  made  and  seconded, 
it  shall  be  reduced  to  writing,  if  desired  by  the  Presi- 
dent, or  any  member,  delivered  in  at  the  table,  and 
read,  before  the  same  shall  be  debated. 

11.  When  a question  is  under  debate,  no  motion 
shall  be  received  but  to  adjourn,  to  lie  on  the  table,  to 
postpone  indefinitely,  to  postpone  to  a day  certain,  to 
commit,  or  to  amend ; which,  several  motions  shall 
have  precedence  in  the  order  they  stand  arranged,  and 
the  motion  for  adjournment  shall  always  be  in  order, 
and  be  decided  without  debate. 

12.  If  the  question  in  debate  contain  several  points, 


RULES  OF  THE  SENATE. 


128 


any  member  may  bare  the  same  divided : but,  on  a 
motion  to  strike  out  and  insert,  it  shall  not  be  in  order 
to  move  for  a division  of  the  question ; but  the  rejec- 
tion of  a motion  to  strike  out  and  insert  one  proposi- 
tion shall  not  prevent  a motion  to  strike  out  and  insert 
a different  proposition ; nor  prevent  a subsequent  mo- 
tion, simply  to  strike  out : nor  shall  the  rejection  of  a 
motion  simply  to  strike  out  prevent  a subsequent  mo- 
tion to  strike  out  and  insert. 

13.  In  filling  up  blanks,  the  largest  sum  and  longest 
time  shall  be  first  put. 

14.  When  the  reading  of  a paper  is  called  for,  and 
the  same  is  objected  to  by  any  member,  it  shall  be  de- 
termined by  a vote  of  the  Senate,  and  without  dehate. 

15.  The  unfinished  business  in  which  the  Senate 
was  engaged  at  the  last  preceding  adjournment,  shall 
have  the  preference  in  the  special  orders  of  the  day. 

16.  When  the  yeas  and  nays  shall  be  called  for  by 
one-fifth  of  the  members  present,  each  member  called 
upon  shall,  unless  for  special  reason  he  be  excused  by 
the  Senate,  declare  openly,  and  without  debate,  his 
assent  or  dissent  to  the  question.  In  taking  the  yeas 
and  nays,  and  upon  the  call  of  the  House,  the  names 
of  the  members  shall  be  taken  alphabetically. 

17.  When  the  yeas  and  nays  shall  be  taken  upon 
any  question,  in  pursuance  of  the  above  rule,  no  mem- 
ber shall  be  permitted,  under  any  circumstances  what- 
ever, to  vote  after  the  decision  is  announced  from  the 
chair. 

18.  On  a motion  made  and  seconded  to  shut  the 
doors  of  the  Senate,  on  the  discussion  of  any  business 
which  may,  in  the  opinion  of  a member,  require  se- 
crecy, the  President  shall  direct  the  gallery  to  be 
cleared ; and,  during  the  discussion  of  such  motion, 
the  doors  shall  remain  shut. 

19.  No  motion  shall  be  deemed  in  order,  to  admit 
any  person  or  persons  whatsoever  within  the  doors  of 


124 


RULES  OF  THE  SENATE. 


the  Senate  chamber  to  present  any  petition,  memorial, 
or  address,  or  to  hear  any  such  read. 

20.  When  a question  has  been  once  made  and  car- 
ried in  the  affirmative  or  negative,  it  shall  be  in  order 
for  any  member  of  the  majority  to  move  for  the  recon- 
sideration thereof : but  no  motion  for  the  reconsidera- 
tion of  any  vote  shall  be  in  order  after  a bill,  resolu- 
tion, message,  report,  amendment,  or  motion,  upon 
which  the  vote  was  taken,  shall  have  gone  out  of  the 
possession  of  the  Senate,  announcing  their  decision  ; 
nor  shall  any  motion  for  reconsideration  be  in  order, 
unless  made  on  the  same  day  on  which  the  vote  was 
taken,  or  within  the  next  two  days  of  actual  session 
of  the  Senate  thereafter. 

21.  When  the  Senate  are  equally  divided,  the  secre- 
tary shall  take  the  decision  of  the  President. 

22.  All  questions  shall  be  put  by  the  President  of 
the  Senate,  either  in  the  presence  or  absence  of  the 
President  of  the  United  States,  and  the  Senators  shall 
signify  their  assent  or  dissent,  by  answering,  ay  or  no. 

23.  The  Vice-President,  or  President  of  the  Senate 
pro  tempore,  shall  have  the  right  to  name  a member 
to  perform  the  duties  of  the  chair  ; but  such  substitu- 
tion shall  not  extend  beyond  an  adjournment. 

24.  After  the  journal  is  read,  the  President  shall 
first  call  for  petitions,  and  then  for  reports  from  stand- 
ing committees : and  every  petition  or  memorial,  or 
other  paper,  shall  be  referred  of  course,  without  putting 
a question,  for  that  purpose,  unless  the  reference  is 
objected  to  by  a member  at  the  time  such  petition, 
memox'ial,  or  other  paper,  is  presented.  And  before 
any  petition,  or  memorial,  addressed  to  the  Senate, 
shall  be  received  and  read  at  the  table,  whether  the 
same  shall  be  introduced  by  the  President  or  a member, 
a brief  statement  of  the  contents  of  the  petition  or 
memorial  shall  verbally  be  made  by  the  introducer. 

25.  One  day’s  notice,  at  least,  shall  be  given  of  an 


RULES  OF  THE  SENATE. 


125 


intended  motion  for  leave  to  bring  in  a bill ; and  all 
bills  reported  by  a committee,  shall,  after  the  first 
reading,  be  printed  for  the  use  of  the  Senate : but  no 
other  paper  or  document  shall  be  printed  for  the  use 
of  the  Senate,  without  special  order. 

26.  Every  bill  shall  receive  three  readings  pre- 
vious to  its  being  passed ; and  the  President  shall 
give  notice  at  each,  whether  it  be  the  first,  second,  or 
third ; which  readings  shall  be  on  three  different 
days,  unless  the  Senate  unanimously  direct  otherwise. 
And  all  resolutions  proposing  amendments  to  the 
Constitution,  or  to  which  the  approbation  and  sig- 
nature of  the  President  may  be  requisite,  or  which 
may  grant  money  out  of  the  contingent  or  any  other 
fund,  shall  be  treated,  in  all  respects,  in  the  introduc- 
tion and  form  of  proceedings  on  them,  in  the  Senate, 
in  a similar  manner  with  bills  : and  all  other  resolu- 
tions shall  lie  on  the  table  one  day  for  consideration, 
and  also  reports  of  committees. 

27.  No  bill  shall  be  committed  or  amended  until  it 
shall  have  been  twice  read,  after  which  it  may  be 
referred  to  a committee. 

28.  All  bills  on  a second  reading  shall  first  be  con- 
sidered by  the  Senate  in  the  same  manner  as  if  the 
Senate  were  in  committee  of  the  whole,  before  they 
shall  be  taken  up  and  proceeded  on  by  the  Senate 
agreeably  to  the  standing  rules,  unless  otherwise 
ordered.  And  when  the  Senate  shall  consider  a 
treaty,  bill,  or  resolution,  as  in  committee  of  the 
whole,  the  Vice-President,  or  President  pro  tempore, 
may  call  a member  to  fill  the  chair  during  the  time 
the  Senate  shall  remain  in  committee  of  the  whole : 
and  the  chairman  so  called  shall,  during  such  time, 
have  the  powers  of  a President  pro  tempore. 

21).  The  final  question,  upon  the  second  reading  of 
every  bill,  resolution,  constitutional  amendment,  or 
6 


126 


RULES  OF  THE  SENATE. 


motion  originating  in  the  Senate,  and  requiring  three 
readings  previous  to  being  passed,  shall  be,  “Whether 
it  shall  be  engrossed  and  read  a third  time?”  and  no 
amendment  shall  be  received  for  discussion  at  the 
third  reading  of  any  bill,  resolution,  amendment,  or 
motion,  unless  by  unanimous  consent  of  the  members 
present : but  it  shall  at  all  times  be  in  order,  before 
the  final  passage  of  any  such  bill,  resolution,  consti- 
tutional amendment,  or  motion,  to  move  its  commit- 
ment ; and  should  such  commitment  take  place,  and 
any  amendment  be  reported  by  the  committee,  the 
said  bill,  resolution,  constitutional  amendment,  or 
motion,  shall  be  again  read  a second  time,  and  con- 
sidered as  in  committee  of  the  whole,  and  then  the 
aforesaid  question  shall  be  again  put. 

30.  The  special  orders  of  the  day  shall  not  be 
called  by  the  chair  before  one  o’clock,  unless  other- 
wise directed  by  the  Senate. 

31.  The  titles  of  bills,  and  such  parts  thereof  only 
as  shall  be  affected  by  proposed  amendments,  shall 
be  inserted  on  the  journals. 

32.  The  proceedings  of  the  Senate,  when  not  act- 
ing as  in  committee  of  the  whole,  shall  be  entered  on 
the.  journal  as  concisely  as  possible,  care  being  taken 
to  detail  a true  and  accurate  account  of  the  proceed- 
ings: but  every  vote  of  the  Senate  shall  be  entered 
on  the  journal,  and  a brief  statement  of  the  contents 
of  each  petition,  memorial,  or  paper,  presented  to  the 
Senate,  shall  also  be  inserted  on  the  journal. 

33.  The  following  standing  committees,  to  consist 
of  five  members  each,  shall  be  appointed  at  the  com- 
mencement of  each  session,  with  leave  to  report  by 
bill  or  otherwise ; 

A Committee  on  Foreign  Relations. 

A Committee  on  Finance. 

A Committee  on  Commerce. 


RULES  OF  THE  SENATE. 


127 


A Committee  on  Manufactures. 

A Committee  on  Agriculture. 

A Committee  on  Military  Affairs. 

A Committee  on  the  Militia. 

A Committee  on  Naval  Affairs. 

A Committee  on  Public  Lands. 

A Committee  on  Private  Land  Claims. 

A Committee  on  Indian  Affairs. 

A Committee  of  Claims. 

A Committee  on  Revolutionary  Claims. 

A Committee  on  the  Judiciary. 

A Committee  on  the  Post  Office  and  Post  Roads. 

A Committee  on  Roads  and  Canals. 

A Committee  on  Pensions. 

A Committee  on  the  District  of  Columbia. 

A Committee  on  Patents  and  the  Patent  Office. 

A Committee  of  three  members,  whose  duty  it 
shall  be  to  audit  and  control  the  contingent  expenses 
of  the  Senate. 

And  a Committee,  consisting  of  three  members, 
whose  duty  it  shall  be  to  examine  all  bills,  amend- 
ments, resolutions,  or  motions,  before  they  go  out  of 
possession  of  the  Senate,  and  shall  deliver  the  same 
to  the  Secretary  of  the  Senate,  who  shall  enter  upon 
the  journal  that  the  same  have  been  correctly  en- 
grossed. 

34.  In  the  appointment  of  the  standing  committees 
the  Senate  will  proceed  by  ballot,  severally  to  appoint 
the  chairman  of  each  committee,  and  then,  by  one 
ballot,  the  other  members  necessary  to  complete  the 
same ; and  a majority  of  the  whole  number  of  votes 
given  shall  be  necessary  to  the  choice  of  a chairman 
of  a standing  committee.  All  other  committees  shall 
be  appointed  by  ballot,  and  a plurality  of  votes  shall 
make  a choice.  When  any  subject  or  matter  shall 
have  been  referred  to  a committee,  any  other  subject 


128 


RULES  OF  THE  SENATE. 


or  matter  of  a similar  nature  may,  on  motion,  be  re- 
ferred to  such  committee. 

35.  When  motions  are  made  for  reference  of  the 
same  subject  to  a select  committee,  and  to  a standing 
committee,  the  question  on  reference  to  the  standing 
committee  shall  be  first  put. 

36.  When  nominations  shall  be  made  in  writing  by 
the  President  of  the  United  States  to  the  Senate,  a 
future  day  shall  be  assigned,  unless  the  Senate  unani- 
mously direct  otherwise,  for  taking  them  into  consi- 
deration. When  the  President  of  the  United  States 
shall  meet  the  Senate  in  the  Senate  chamber,  the  Pre- 
sident of  the  Senate  shall  have  a chair  on  the  floor,  be 
considered  as  the  head  of  the  Senate,  and  his  chair 
shall  be  assigned  to  the  President  of  the  United  States. 
When  the  Senate  shall  be  convened  by  the  President 
of  the  United  States  to  any  other  place,  the  President 
of  the  Senate  and  Senators  shall  attend  at  the  place 
appointed.  The  secretary  of  the  Senate  shall  also 
attend  to  take  the  minutes  of  the  Senate. 

37.  Whenever  a treaty  shall  be  laid  before  the  Se- 
nate for  ratification,  it  shall  be  read  a first  time  for  in- 
formation only ; when  no  motion  to  reject,  ratify,  or 
modify  the  whole,  or  any  part,  shall  be  received.  Its 
second  reading  shall  be  for  consideration,  and  on  a 
subsequent  day ; when  it  shall  be  taken  up  as  in  com- 
mittee of  the  "whole,  and  every  one  shall  be  free  to 
move  a question  on  any  particular  article,  in  this  form : 
“ Will  the  Senate  advise  and  consent  to  the  ratifica- 
tion of  this  article  ?”  or  to  propose  amendments  there- 
to, either  by  inserting  or  by  leaving  out  w’ords ; in 
which  last  case,  the  question  shall  be,  “ Shall  these 
words  stand  as  part  of  the  article  ?”  And  in  every  of 
the  said  cases,  the  concurrence  of  two-thirds  of  the 
Senators  present  shall  be  requisite  to  decide  affirma- 
tively. And  when  through  the  whole,  the  proceed- 


RULES  OP  THE  SENATE. 


129 


ings  shall  be  stated  to  the  House,  and  questions  shall 
be  again  severally  put  thereon  for  confirmation,  or  new 
ones  proposed,  requiring,  in  like  manner,  a concur- 
rence of  two-thirds,  for  whatever  is  retained  or  in- 
serted ; the  votes  so  confirmed  shall,  by  the  House,  or 
a committee  thereof,  be  reduced  into  the  form  of  a 
ratification,  with  or  without  modifications,  as  may 
have  been  decided,  and  shall  be  proposed  on  a subse- 
quent day,  when  every  one  shall  again  be  free  to  move 
amendments,  either  by  inserting  or  leaving  out  words ; 
in  which  last  case,  the  question  shall  be,  “ Shall  these 
words  stand  as  part  of  the  resolution  ?”  And  in  both 
cases,  the  concurrence  of  two-thirds  shall  be  requisite 
to  carry  the  affirmative,  as  well  as,  on  the  final  ques- 
tion, to  advise  and  consent  to  the  ratification  in  the 
form  agreed  to. 

38.  All  confidential  communications,  made  by  the 
President  of  the  United  States  to  the  Senate,  shall  be 
by  the  members  thereof  kept  secret ; and  all  treaties 
which  may  be  laid  before  the  Senate  shall  also  be  kept 
secret,  until  the  Senate  shall,  by  their  resolution,  take 
off  the  injunction  of  secrecy. 

39.  All  information  or  remarks,  touching  or  con- 
cerning the  character  or  qualifications  of  any  person, 
nominated  by  the  President  to  office,  shall  be  kept 
secret. 

40.  When  acting  on  confidential  or  executive  busi- 
ness, the  Senate  shall  be  cleared  of  all  persons  except 
the  secretary,  the  principal  or  the  executive  clerk, 
the  sergeant-at-arms  and  doorkeeper,  and  the  assistant 
doorkeeper. 

41.  The  legislative  proceedings,  the  executive  pro- 
ceedings, and  the  confidential  legislative  proceedings, 
of  the  Senate,  shall  be  kept  in  separate  and  distinct 
books. 

42.  The  President  of  the  United  States  shall,  from 
time  to  time,  be  furnished  with  an  authenticated  tran- 


130 


RULES  OF  THE  SENATE. 


script  of  the  executive  records  of  the  Senate  ; and  all 
nominations  approved,  or  definitively  acted  on  by  the 
Senate,  shall  be  returned  by  the  secretary,  from  day 
to  day,  as  such  proceedings  may  occur  ; but  no  further 
extract  from  the  executive  journal  shall  be  furnished, 
except  by  special  order ; and  no  paper,  except  original 
treaties  transmitted  to  the  Senate  by  the  President  of 
the  United  States,  or  any  executive  officer,  shall  be 
returned  or  delivered  from  the  office  of  the  secretary, 
without  an  order  of  the  Senate  for  that  purpose. 

43.  When  an  amendment  to  be  proposed  to  the 
Constitution  is  under  consideration,  the  concurrence 
of  two-thirds  of  the  members  present  shall  not  be  re- 
quisite to  decide  any  question  for  amendments,  or 
extending  to  the  merits,  being  short  of  the  final  ques- 
tion. 

44.  When  any  question  may  have  been  decided  by 
the  Senate,  in  which  two-thirds  of  the  members  pre- 
sent are  necessary  to  carry  the  affirmative,  any  mem- 
ber who  votes  on  that  side  which  prevailed  in  the 
question  may  be  at  liberty  to  move  for  a reconsidera- 
tion ; and  a motion  for  reconsideration  shall  be  de- 
cided by  a majority  of  votes. 

45.  Messages  shall  be  sent  to  the  House  of  Repre- 
sentatives by  the  secretary,  who  shall  previously  en- 
dorse the  final  determination  of  the  Senate  thereon. 

46.  Messengers  are  introduced  in  any  state  of  bu- 
siness, except  while  a question  is  putting,  while  the 
yeas  and  nays  are  calling,  or  while  the  ballots  are 
counting. 

47.  The  reporters  shall  be  placed  on  the  floor  of 
the  Senate,  under  the  direction  of  the  secretary. 

No  person,  except  members  of  the  House  of  Re- 
presentatives, their  Clerk,  Heads  of  Departments, 
Treasurer,  Comptrollers,  Register,  Auditors,  Post- 
master-General, President’s  Secretary,  Chaplains  to 
Congress,  Judges  of  the  United  States,  Foreign 


RULES  OF  THE  SENATE. 


131 


Ministers  and  their  Secretaries,  Officers  who,  by  name, 
have  received  or  shall  hereafter  receive,  the  thanks  of 
Congress  for  their  gallantry  and  good  conduct  dis- 
played in  the  service  of  their  country,  or  who  have 
received  medals  by  the  vote  of  Congress,  the  Commis- 
sioners of  the  Navy  Board,  Commissioner  of  Patents, 
Governor,  for  the  time  being,  of  any  State  or  Terri- 
tory of  the  Union,  Judges  of  the  Supreme  Courts  of 
Law  and  Equity  of  any  State,  such  gentlemen  as  have 
been  Heads  of  Departments  or  members  of  either 
branch  of  the  Legislature,  and  at  the  discretion  of  the 
President  of  the  Senate,  persons  who  belong  to  such 
Legislatures  of  foreign  Governments,  as  are  in  amity 
with  the  United  States,  shall  be  admitted  on  the  floor 
of  the  Senate. 

48.  The  presiding  officer  of  the  Senate  shall  have 
the  regulation  of  such  parts  of  the  Capitol  and  of  its 
passages,  as  are  or  may  be  set  apart  for  the  use  of  the 
Senate  and  its  officers. 

49.  The  Secretary  of  the  Senate,  the  Sergeant-at- 
arms  and  Doorkeeper,  and  the  Assistant  Doorkeeper, 
shall  be  chosen  on  the  second  Monday  of  the  first 
session  of  the  21st  Congress,  and  on  the  same  day  of 
the  first  session  of  every  succeeding  Congress. 


RULES  AND  ORDERS 

OF  THE 

HOUSE  OF  REPRESENTATIVES. 


U33) 


6* 


- «? 


~ *.  . 


♦ 


- 


STANDING  RULES  AND  ORDERS 


FOR  CONDUCTING  BUSINESS 

IN  THE  HOUSE  OF  REPRESENTATIVES 

OF  THE  UNITED  STATES. 


TOUCHING  THE  DUTY  OF  THE  SPEAKER. 

1.  He  shall  take  the  chair  every  day  precisely  at  the 
hour  to  which  the  House  shall  have  adjourned  on  the 
preceding  day  ; shall  immediately  call  the  members  to 
order ; and,  on  the  appearance  of  a quorum,  shall  cause 
the  Journal  of  the  preceding  day  to  be  read. 

2.  He  shall  preserve  order  and  decorum  ; may  speak 
to  points  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose  ; and  shall  decide  ques- 
tions of  order,  subject  to  an  appeal  to  the  House  by 
any  two  members ; on  which  appeal  no  member  shall 
speak  more  than  once,  unless  by  leave  of  the  House. 

3.  He  shall  rise  to  put  a question,  but  may  state  it 
sitting. 

4.  Questions  shall  be  distinctly  put  in  this  form,  to 
wit : “As  many  as  are  of  opinion  that  (as  the  question 
may  be)  say  Ay  and,  after  the  affirmative  voice  is 
expressed,  “As  many  as  are  of  the  contrary  opinion, 
say  No.”  If  the  speaker  doubts,  or  a division  he  called 
for,  the  House  shall  divide  : those  in  the  affirmative  of 

(135) 


136 


RULES  OP  THE 


the  question  shall  first  rise  from  their  seats,  and  after- 
ward those  in  the  negative.  If  the  Speaker  still  doubts, 
or  a count  be  required,  the  Speaker  shall  name  two 
members,  one  from  each  side,  to  tell  the  members  in 
the  affirmative ; which  being  reported,  he  shall  then 
name  two  others,  one  from  each  side,  to  tell  those  in 
the  negative ; which  being  also  reported,  he  shall  rise, 
and  state  the  decision  to  the  House.  No  division  and 
count  of  the  House  by  tellers  shall  be  in  order,  but 
upon  motion  seconded  by  at  least  one-fifth  of  a quo- 
rum of  the  members. 

5.  When  any  motion  or  proposition  is  made,  the 
question,  “Will  the  House  now  consider  it?”  shall 
not  be  put,  unless  it  is  demanded  by  some  member, 
or  is  deemed  necessary  by  the  Speaker. 

6.  The  Speaker  shall  examine  and  correct  the  Jour- 
nal before  it  is  read.  He  shall  have  a general  direc- 
tion of  the  Hall.  He  shall  have  a right  to  name  any 
member  to  perform  the  duties  of  the  chair,  but  such 
substitution  shall  not  extend  beyond  an  adjournment. 

7.  All  committees  shall  be  appointed  by  the  Speak- 
er, unless  otherwise  specially  directed  by  the  House, 
in  which  case  they  shall  be  appointed  by  ballot ; and 
if,  upon  such  ballot,  the  number  required  shall  not  be 
elected  by  a majority  of  the  votes  given,  the  House 
shall  proceed  to  a second  ballot,  in  which  a plurality 
of  votes  shall  prevail : and,  in  case  a greater  number 
than  is  required  to  compose  or  complete  a committee 
shall  have  an  equal  number  of  votes,  the  House  shall 
proceed  to  a further  ballot  or  ballots. 

8.  In  all  other  cases  of  ballot  than  for  committees, 
a majority  of  the  votes  given  shall  be  necessary  to  an 
election  ; and  where  there  shall  not  be  such  a majority 
on  the  first  ballot,  the  ballot  shall  be  repeated  until  a 
majority  be  obtained.  And  in  all  ballotings  blanks 
shall  be  rejected,  and  not  taken  into  the  count  in  the 
enumeration  of  votes,  or  reported  by  the  tellers. 


HOUSE  OF  REPRESENTATIVES. 


137 


9.  In  all  cases  of  election  bj  the  House,  the 
Speaker  shall  vote ; in  other  cases  he  shall  not  vote, 
unless  the  House  be  equally  divided,  or  unless  his 
vote,  if  given  to  the  minority,  will  make  the  division 
equal ; and,  in  case  of  such  equal  division,  the  ques- 
tion shall  he  lost. 

10.  In  all  cases  where  other  than  members  of  the 
House  may  be  eligible  to  an  office  by  the  election  of 
the  House,  there  shall  be  a previous  nomination. 

11.  In  all  cases  of  election  by  the  House  of  its 
officers,  the  vote  shall  be  taken  viva  voce.  — (Decem- 
ber 10,  1839.) 

12.  All  acts,  addresses,  and  joint  resolutions,  shall 
be  signed  by  the  Speaker ; and  all  writs,  warrants,  and 
subpoenas,  issued  by  order  of  the  House,  shall  be  un- 
der his  hand  and  seal,  attested  by  the  clerk. 

13.  In  case  of  any  disturbance  or  disorderly  con- 
duct in  the  galleries  or  lobby,  the  Speaker  (or  chair- 
man of  the  committee  of  the  whole  House)  shall 
have  power  to  order  the  same  to  be  cleared. 

14.  No  person,  except  members  of  the  Senate, 
their  Secretary,  Heads  of  Departments,  Treasurer, 
Comptrollers,  Register,  Auditors,  Postmaster-General, 
President’s  Secretary,  Chaplains  to  Congress,  Judges 
of  the  United  States,  Foreign  Ministers  and  their  Se- 
cretaries, Officers  who,  by  name,  have  received,  or 
shall  hereafter  receive,  the  thanks  of  Congress  for 
their  gallantry  and  good  conduct  displayed  in  the  ser- 
vice of  their  country,  the  Commissioners  of  the  Navy 
Board,  Governor,  for  the  time  being,  of  any  State  or 
Territory  in  the  Union,  who  may  attend  at  the  seat 
of  the  General  Government  during  the  session  of  Con- 
gress, and  who  may  choose  to  avail  himself  of  such 
privilege,  such  gentlemen  as  have  been  Heads  of  De- 
partments, or  members  of  either  branch  of  the  Legis- 
lature, and,  at  the  discretion  of  the  Speaker,  persons 
who  belong  to  such  Legislatures  of  Foreign  Govern- 


138 


BULBS  OP  THE 


ments  as  are  in  amity  with  the  United  States,  shall 
be  admitted  within  the  hall  of  the  House  of  Repre- 
sentatives. 

15.  Stenographers,  wishing  to  take  down  the  de- 
bates, may  be  admitted  by  the  Speaker,  who  shall 
assign  such  places  to  them  on  the  floor,  or  elsewhere, 
to  effect  their  object,  as  shall  not  interfere  with  the 
convenience  of  the  House. 

16.  No  person  shall  be  allowed  the  privilege  of 
the  hall,  under  the  character  of  stenographer,  without 
a written  permission  from  the  Speaker,  specifying  the 
part  of  the  hall  assigned  to  him ; and  no  reporter  or 
stenographer  shall  be  admitted  under  the  rules  of  the 
House,  unless  such  reporter  or  stenographer  shall 
state,  in  writing,  for  what  paper  or  papers  he  is  em- 
ployed to  report. — (March  1,  1838.) 

17.  The  Doorkeeper  shall  execute  strictly  the  14th 
and  15th  rules,  relative  to  the  privilege  of  the  hall. — 
(March  1,  1838.) 

18.  The  Clerk  of  the  House  shall  take  an  oath  for 
the  true  and  faithful  discharge  of  the  duties  of  his  of- 
fice, to  the  best  of  his  knowledge  and  abilities. — (Rule 
April  13,  1789,  and  act  June  1st,  1789.)  He  shall 
be  deemed  to  continue  in  office  until  another  be  ap- 
pointed.— (March  1,  1791.*) 

ORDER  OF  BUSINESS  OF  THE  SESSION. 

19.  After  six  days  from  the  commencement  of  a 
second  or  subsequent  session  of  any  Congress,  all 

* There  is  no  law,  resolution,  rule,  or  order,  directing  the  appoint- 
ment of  the  Clerk  of  the  House.  On  the  1st  April,  1789,  being  the 
first  day  that  a quorum  of  the  House  assembled  under  the  new  consti- 
tution, the  House  immediately  elected  a Clerk  by  ballot,  without  a pre- 
vious order  having  been  passed  for  that  purpose ; although  in  the  case 
of  the  Speaker,  who  was  chosen  on  the  same  day,  an  order  was  pre- 
viously adopted.  A Clerk  has  been  regularly  chosen  at  the  commence- 
ment of  every  Congress  since. 


HOUSE  OF  REPRESENTATIVES. 


139 


bills,  resolutions,  and  reports,  which  originated  in  the 
House,  and  at  the  close  of  the  next  preceding  session 
remained  undetermined,  shall  be  resumed  and  acted 
on  in  the  same  manner  as  if  an  adjournment  had  not 
taken  place. 

ORDER  OP  BUSINESS  OP  THE  DAY. 

20.  As  soon  as  the  Journal  is  read,  the  Speaker 
shall  call  for  petitions  from  the  members  of  each  State, 
and  delegates  from  each  Territory,  beginning  with 
Maine  and  the  Territory  of  Wiskonsin,  alternately ; 
and  if,  on  any  day,  the  whole  of  the  States  and  Ter- 
ritories shall  not  be  called,  the  Speaker  shall  begin  on 
the  next  day  where  he  left  off  the  previous  day ; pro- 
vided that,  after  the  first  thirty  days  of  the  session 
petitions  shall  not  be  received,  except  on  the  first  day 
of  the  meeting  of  the  House  in  each  week. 

21.  No  petition,  memorial,  resolution,  or  other 
paper  praying  the  abolition  of  slavery  in  the  District 
of  Columbia,  or  any  State  or  Territory,  or  the  slave 
trade  between  the  States  or  Territories  of  the  United 
States,  in  which  it  now  exists,  shall  be  received  by 
this  House,  or  entertained  in  any  way  whatever. 

22.  The  petitions  having  been  presented  and  dis- 
posed of,  reports  from  committees  shall  be  called  for 
and  disposed  of ; in  doing  which,  the  Speaker  shall 
call  upon  each  standing  committee  in  the  order  they 
are  named  in  the  70th  and  98th  rules;  and  when  all 
the  standing  committees  have  been  called  on,  then  it 
shall  be  the  duty  of  the  Speaker  to  call  for  reports 
from  select  committees ; if  the  Speaker  shall  not  get 
through  the  call  upon  the  committees  before  the  House 
passes  to  other  business,  he  shall  resume  the  next 
call  where  he  left  off.  Resolutions  shall  then  be 
called  for  in  the  same  order,  and  disposed  of  by  the 
same  rules  which  apply  to  petitions : provided  that  no 
member  shall  offer  more  than  one  resolution,  or  one 


140 


RULES  OF  THE 


series  of  resolutions,  all  relating  to  the  same  subject, 
until  all  the  States  and  Territories  shall  have  been 
called. 

23.  All  the  States  and  Territories  shall  be  called 
for  resolutions  on  each  alternate  Monday  during  each 
session  of  Congress ; and,  if  necessary  to  secure  this 
object  on  said  days,  all  resolutions  which  shall  give 
rise  to  debate  shall  lie  over  for  discussion,  under  the 
rules  of  the  House  already  established  ; and  the  whole 
of  said  days  shall  be  appropriated  to  resolutions,  until 
all  the  States  and  Territories  are  called  through. — 
(February  6,  1838.) 

24.  After  one  hour  shall  have  been  devoted  to  re- 
ports from  committees,  and  resolutions,  it  shall  be  in 
order,  pending  the  consideration  or  discussion  thereof, 
to  entertain  a motion  that  the  House  do  now  proceed 
to  dispose  of  the  business  on  the  Speaker’s  table,  and 
to  the  orders  of  the  day ; which  being  decided  in  the 
affirmative,  the  Speaker  shall  dispose  of  the  business 
on  his  table  in  the  following  order,  viz : 

1st.  Messages  and  other  Executive  communications. 
2d.  Messages  from  the  Senate,  and  amendments  pro- 
posed by  the  Senate  to  bills  of  the  House. 

3d.  Bills  and  resolutions  from  the  Senate  on  their  first 
and  second  reading,  that  they  be  referred  to  com- 
mittees, and  put  under  way  ; but  if,  on  being  read  a 
second  time,  no  motion  be  made  to  commit,  they 
are  to  be  ordered  to  their  third  reading,  unless  ob- 
jection be  made ; in  which  case,  if  not  otherwise 
ordered  by  a majority  of  the  House,  they  are  to  be 
laid  on  the  table  in  the  general  file  of  bills  on  the 
Speaker’s  table,  to  be  taken  up  in  their  turn. 

4th.  Engrossed  bills,  and  bills  from  the  Senate  on 
their  third  reading. 

5th.  Bills  of  the  House  and  from  the  Senate,  on  the 
Speaker’s  table,  on  their  engrossment,  or  on  being 
ordered  to  a third  reading,  to  be  taken  up  and  con- 


HOUSE  OF  REPRESENTATIVES. 


141 


sidered  in  the  order  of  time  in  which  they  passed 
to  a second  reading.  The  messages,  communica- 
tions, and  bills,  on  his  table  having  been  disposed 
of,  the  Speaker  shall  then  proceed  to  call  the  orders 
of  the  day. 

25.  The  business  specified  in  the  two  preceding 
rules  shall  be  done  at  no  other  part  of  the  day,  except 
by  permission  of  the  House. 

LOCAL  OR  PRIVATE  BUSINESS. 

26.  Friday  and  Saturday  in  every  week  shall  he 
set  apart  for  the  consideration  of  private  bills  and  pri- 
vate business,  in  preference  to  any  other,  unless  other- 
wise determined  by  a majority  of  the  House. 

27.  On  the  first  and  fourth  Friday  of  each  month 
the  calendar  of  private  bills  shall  be  called  over,  and 
the  bills,  to  the  passage  of  which  no  objection  shall 
then  be  made,  shall  be  first  considered  and  disposed 
of. — (January  25,  1839.) 

OF  DECORUM  AND  DEBATE. 

28.  When  any  member  is  about  to  speak  in  debate, 
or  deliver  any  matter  to  the  House,  he  shall  rise  from 
his  seat,  and  respectfully  address  himself  to  “ Mr. 
Speaker,”  and  shall  confine  himself  to  the  question 
under  debate,  and  avoid  personality. 

29.  If  any  member,  in  speaking  or  otherwise, 
transgress  the  rules  of  the  House,  the  Speaker  shall, 
or  any  member  may,  call  to  order;  in  which  case,  the 
member  so  called  to  order  shall  immediately  sit  down, 
unless  permitted  to  explain ; and  the  House  shall,  if 
appealed  to,  decide  on  the  case,  but  without  debate  : 
if  there  be  no  appeal,  the  decision  of  the  chair  shall 
be  submitted  to.  If  the  decision  be  in  favour  of  the 
member  called  to  order,  he  shall  be  at  liberty  to  pro- 
ceed ; if  otherwise,  he  shall  not  be  permitted  to  pro- 


142 


RULES  OF  THE 


ceed,  in  case  any  member  object,  without  leave  of  the 
House ; and,  if  the  case  require  it,  he  shall  be  liable 
to  the  censure  of  the  House. 

30.  If  a member  be  called  to  order  for  words  spoken 
in  debate,  the  person  calling  him  to  order  shall  repeat 
the  words  excepted  to,  and  they  shall  be  taken  down 
in  wTriting  at  the  clerk’s  table ; and  no  member  shall 
be  held  to  answer,  or  be  subject  to  the  censure  of  the 
House,  for  words  spoken  in  debate,  if  any  member 
has  spoken,  or  other  business  has  intervened,  after 
the  words  spoken,  and  before  exception  to  them  shall 
have  been  taken. 

31.  When  two  or  more  members  happen  to  rise  at 
once,  the  Speaker  shall  name  the  member  who  is  first 
to  speak. 

32.  No  member  shall  speak  more  than  once  to  the 
same  question,  without  leave  of  the  House,  unless  he 
be  the  mover,  proposer,  or  introducer,  of  the  matter 
pending ; in  which  case  he  shall  be  permitted  to  speak 
in  reply,  but  not  until  every  member  choosing  to  speak 
shall  have  spoken. 

33.  If  a question  depending  be  lost  by  adjournment 
of  the  House,  and  revived  on  the  succeeding  day,  no 
member,  who  shall  have  spoken  on  the  preceding  day, 
shall  be  permitted  again  to  speak  without  leave. 

34.  While  the  Speaker  is  putting  any  question,  or 
addressing  the  House,  none  shall  walk  out  of  or  across 
the  House ; nor,  in  such  case,  or  when  a member  is 
speaking,  shall  entertain  private  discourse  ; nor,  while 
a member  is  speaking,  shall  pass  between  him  and 
the  chair.  Every  member  shall  remain  uncovered 
during  the  session  of  the  House.  No  member  or 
other  person  shall  visit  or  remain  by  the  clerk’s  table 
while  the  ayes  and  noes  are  calling,  or  ballots  are 
counting. 

35.  No  member  shall  vote  on  any  question  in  the  event 
of  which  he  is  immediately  and  particularly  interested, 


HOUSE  OF  REPRESENTATIVES. 


143 


or  in  any  case  where  he  was  not  within  the  bar  of 
the  House  when  the  question  was  put.  And  when 
any  member  shall  ask  leave  to  vote,  the  Speaker 
shall  propound  to  him  the  question,  “ Were  you  within 
the  bar  when  your  name  was  called?” 

36.  Upon  a division  and  count  of  the  House  on 
any  question,  no  member  without  the  bar  shall  be 
counted. 

37.  Every  member  who  shall  be  in  the  House  when 
the  question  is  put  shall  give  his  vote,  unless  the 
House,  for  special  reasons,  shall  excuse  him.  All 
motions  to  excuse  a member  from  voting  shall  be 
made  before  the  House  divides,  or  before  the  call  of 
the  yeas  and  nays  is  commenced ; and  any  member 
requesting  to  be  excused  from  voting  may  make  a 
brief  verbal  statement  of  the  reasons  for  making  such 
request,  and  the  question  shall  then  be  taken  without 
further  debate. 

38.  When  a motion  is  made  and  seconded,  it  shall 
be  stated  by  the  Speaker;  or,  being  in  writing,  it 
shall  be  handed  to  the  chair,  and  read  aloud  by  the 
clerk,  before  debated. 

39.  Every  motion  shall  be  reduced  to  writing,  if 
the  Speaker  or  any  member  desire  it. 

40.  After  a motion  is  stated  by  the  Speaker,  or 
read  by  the  clerk,  it  shall  be  deemed  to  be  in  the 
possession  of  the  House,  but  may  be  withdrawn  at 
any  time  before  a decision  or  amendment. 

41.  When  a question  is  under  debate,  no  motion 
shall  be  received  but  to  adjourn,  to  lie  on  the  table, 
for  the  previous  question,  to  postpone  to  a day  certain, 
to  commit  or  amend,  to  postpone  indefinitely ; which 
several  motions  shall  have  precedence  in  the  order 
in  w’hich  they  are  arranged ; and  no  motion  to  post- 
pone to  a day  certain,  to  commit,  or  to  postpone  in- 
definitely, being  decided,  shall  again  be  allowed  on 
the  same  day,  and  at  the  same  stage  of  the  bill  or 


144 


RULES  OF  THE 


proposition.  A motion  to  strike  out  the  enacting 
words  of  a bill  shall  have  precedence  of  a motion  to 
amend,  and,  if  carried,  shall  be  considered  equivalent 
to  its  rejection. 

42.  When  a resolution  shall  be  offered,  or  a mo- 
tion made,  to  refer  any  subject,  and  different  commit- 
tees shall  be  proposed,  the  question  shall  be  taken  in 
the  following  order : 

The  committee  of  the  whole  House  on  the  state  of 
the  Union ; the  committee  of  the  whole  House ; a 
standing  committee  ; a select  committee. 

43.  A motion  to  adjourn,  and  a motion  to  fix  the 
day  to  which  the  house  shall  adjourn,  shall  be  always 
in  order : these  motions,  and  the  motion  to  lie  on  the 
table,  shall  be  decided  without  debate. 

44.  The  hour  at  which  every  motion  to  adjourn  is 
made,  shall  be  entered  on  the  journal. — (October  9, 
1837.) 

45.  The  previous  question  shall  be  in  this  form, 
“ Shall  the  main  question  be  now  put  ?”  It  shall  only 
be  admitted  when  demanded  by  a majority  of  the 
members  present,  and  its  effects  shall  be  to  put  an 
end  to  all  debate,  and  bring  the  House  to  a direct  vote 
upon  amendments  reported  by  a committee,  if  any, 
upon  pending  amendments,  and  then  upon  the  main 
question.  On  a motion  for  the  previous  question,  and 
prior  to  the  seconding  of  the  same,  a call  of  the  House 
shall  be  in  order;  but,  after  a majority  shall  have 
seconded  such  motion,  no  call  shall  be  in  order  prior 
to  a decision  of  the  main  question. 

46.  On  a previous  question  there  shall  be  no  de- 
bate. All  incidental  questions  of  order  arising  after  a 
motion  is  made  for  the  previous  question,  and  pending 
such  motion,  shall  be  decided,  whether  on  appeal  or 
otherwise,  without  debate. 

47.  When  a question  is  postponed  indefinitely,  the 
same  shall  not  be  -acted  upon  again  during  the  session. 


HOUSE  OF  REPRESENTATIVES. 


145 


48.  Any  member  may  call  for  the  division  of  a 
question,  which  shall  he  divided,  if  it  comprehend 
propositions  in  substance  so  distinct,  that,  one  being 
taken  away,  a substantive  proposition  shall  remain 
for  the  decision  of  the  House.  A motion  to  strike 
out  and  insert  shall  be  deemed  indivisible  ; but  a mo- 
tion to  strike  out  being  lost,  shall  preclude  neither 
amendment  nor  a motion  to  strike  out  and  insert. 

49.  Motions  and  reports  may  be  committed  at  the 
pleasure  of  the  House. 

50.  No  motion  or  proposition  on  a subject  different 
from  that  under  consideration  shall  be  admitted  under 
colour  of  amendment  ;*  (March  13,  1822.)  No  bill 
or  resolution  shall,  at  any  time,  be  amended  by  an- 
nexing thereto,  or  incorporating  therewith,  any  other 
bill  or  resolution  pending  before  the  House, f (Sep- 
tember 15,  1837.) 

51.  When  a motion  has  been  once  made,  and  car- 
ried in  the  affirmative  or  negative,  it  shall  be  in  order 
for  any  member  of  the  majority  to  move  for  the  re- 
consideration thereof  on  the  same  or  the  succeeding 
day ; and  such  motion  shall  take  precedence  of  all 
other  questions,  except  a motion  to  adjourn. 


* This  rule  was  originally  established  on  the  7 th  of  April,  1789,  and 
was  in  these  words  : “No  new  motion  or  proposition  shall  be  admitted 
under  colour  of  amendment,  as  a substitute  for  the  motion  or  proposi- 
tion under  debate.”  On  the  13th  of  March,  1822,  it  was  changed  to 
its  present  form,  in  which  the  words  “new"  and  “ substitute ” do  not 
appear. 

t The  latter  clause  of  this  rule  was  adopted  at  the  1st  session  of  the 
25th  Congress ; and,  as  originally  reported  by  the  committee,  the  fol- 
lowing words  were  contained  at  the  end  of  it : “ nor  by  any  proposi- 
tion containing  the  substance,  in  whole  or  in  part,  of  any  other  bill 
or  resolution  pending  before  the  House."  These  words  were  stricken 
out  by  the  House,  before  it  would  agree  to  the  rule,  by  which  it  would 
seem  to  be  decided  that  a bill  or  resolution  might  be  amended,  by  incor- 
porating therein  the  substance  of  any  other  bill  or  resolution  before  the 
House. 


146 


RULES  OF  THE 


52.  When  the  reading  of  a paper  is  called  for,  and 
the  same  is  objected  to  by  any  member,  it  shall  be 
determined  by  a vote  of  the  House. 

53.  The  unfinished  business  in  which  the  House 
was  engaged  at  the  last  preceding  adjournment  shall 
have  the  preference  in  the  orders  of  the  day ; and  no 
motion  on  any  other  business  shall  be  received  with- 
out special  leave  of  the  House,  until  the  former  is 
disposed  of. 

54.  Every  order,  resolution,  or  vote,  to  which  the 
concurrence  of  the  Senate  shall  be  necessary,  shall 
be  read  to  the  House,  and  laid  on  the  table,  on  a day 
preceding  that  in  which  the  same  shall  be  moved,  un- 
less the  House  shall  otherwise  expressly  allow. 

55.  Petitions,  memorials,  and  other  papers,  ad- 
dressed to  the  House,  shall  be  presented  by  the 
Speaker,  or  by  a member  in  his  place ; a brief  state- 
ment of  the  contents  thereof  shall  be  made  verbally 
by  the  introducer ; they  shall  not  be  debated  on  the 
day  of  their  being  presented,  nor  on  any  day  assigned 
by  the  House  for  the  receipt  of  petitions  after  the 
first  thirty  days  of  the  session,  unless  where  the 
House  shall  direct  otherwise,  but  shall  lie  on  the 
table,  to  be  taken  up  in  the  order  in  which  they  were 
presented. 

56.  A proposition  requesting  information  from  the 
President  of  the  United  States,  or  directing  it  to  be 
furnished  by  the  head  of  either  of  the  executive  de- 
partments, or  by  the  Postmaster-General,  or  to  print 
an  extra  number  of  any  document  or  other  matter, 
excepting  messages  of  the  President  to  both  Houses 
at  the  commencement  of  each  session  of  Congress, 
and  the  reports  and  documents  connected  with  or  re- 
ferred to  in  it,  shall  lie  on  the  table  one  day  for  con- 
sideration, unless  otherwise  ordered  by  the  unanimous 
consent  of  the  House ; and  all  such  propositions  shall 


HOUSE  OF  REPRESENTATIVES. 


147 


be  taken  up  for  consideration  in  the  order  they  were 
presented,  immediately  after  reports  are  called  for 
from  select  committees  ; and,  when  adopted,  the  clerk 
shall  cause  the  same  to  be  delivered. 

57.  Any  fifteen  members  (including  the  Speaker,  if 
there  be  one)  shall  be  authorized  to  compel  the  at- 
tendance of  absent  members. 

58.  Upon  calls  of  the  House,  or  in  taking  the  yeas 
and  nays  on  any  question,  the  names  of  the  members 
shall  be  called  alphabetically. 

59.  Any  member  may  excuse  himself  from  serving 
on  any  committee  at  the  time  of  his  appointment,  if 
he  is  then  a member  of  two  other  committees. 

60.  No  member  shall  absent  himself  from  the  ser- 
vice of  the  House,  unless  he  have  leave,  or  be  sick,  or 
unable  to  attend. 

61.  Upon  the  call  of  the  House,  the  names  of  the 
members  shall  be  called  over  by  the  clerk,  and  the 
absentees  noted ; after  which  the  names  of  the  ab- 
sentees shall  again  be  called  over,  the  doors  shall  then 
be  shut,  and  those  for  whom  no  excuse,  or  insufficient 
excuses  are  made,  may,  by  order  of  those  present,  if 
fifteen  in  number,  be  taken  into  custody,  as  they  ap- 
pear, or  may  be  sent  for  and  taken  into  custody, 
wherever  to  be  found,  by  special  messengers  to  be 
appointed  for  that  purpose. 

62.  When  a member  shall  be  discharged  from  cus- 
tody, and  admitted  to  his  seat,  the  House  shall  deter- 
mine whether  such  discharge  shall  be  with  or  without 
paying  fees ; and,  in  like  manner,  whether  a delin- 
quent member,  taken  into  custody  by  a special  mes- 
senger, shall,  or  shall  not,  be  liable  to  defray  the  ex- 
pense of  such  special  messenger. 

63.  A sergeant-at-arms  shall  be  appointed,  to  hold 
his  office  during  the  pleasure  of  the  House,  whose 
duty  it  shall  be  to  attend  the  House  dui’ing  its  sittings ; 
to  execute  the  commands  of  the  House  from  time  to 


148 


RULES  OF  THE 


time ; together  with  all  such  process,  issued  by  autho- 
rity thereof,  as  shall  be  directed  to  him  by,the  Speaker. 

64.  The  fees  of  the  sergeant-at-arms  shall  be,  for 
every  arrest,  the  sum  of  two  dollars ; for  each  day’s 
custody  and  releasement,  one  dollar ; and  for  travelling 
expenses  for  himself  or  a special  messenger,  going  and 
returning,  one-tenth  of  a dollar  per  mile. 

65.  It  shall  be  the  duty  of  the  sergeant-at-arms  to 
keep  the  accounts  for  pay  and  mileage  of  members,  to 
prepare  checks,  and,  if  required  to  do  so,  to  draw  the 
money  on  such  checks  for  the  members,  (the  same 
being  previously  signed  by  the  Speaker,  and  endorsed 
by  the  member,)  and  pay  over  the  same  to  the  mem- 
ber entitled  thereto.  (April  4,  1838.) 

66.  The  sergeant-at-arms  shall  give  bond,  with 
surety,  to  the  United  States,  in  a sum  not  less  than 
five,  nor  more  than  ten  thousand  dollars,  at  the  dis- 
cretion of  the  Speaker,  and  with  such  surety  as  the 
Speaker  may  approve,  faithfully  to  account  for  the 
money  coming  into  his  hands  for  the  pay  of  members. 
(April  4,  1838.) 

67.  The  sergeant-at-arms  shall  be  sworn  to  keep 
the  secrets  of  the  House. 

68.  A doorkeeper  and  an  assistant  doorkeeper  shall 
be  appointed  for  the  service  of  the  House.  (April  2, 
1789.) 

69.  The  doorkeeper  and  assistant  doorkeeper  shall 
be  sworn  to  keep  the  secrets  of  the  House. 

70.  The  postmaster  to  superintend  the  Post-Office, 
kept  in  the  Capitol  for  the  accommodation  of  the  mem- 
bers, shall  hereafter  be  appointed  by  the  House.* 
(April  4,  1838.) 


* Immediately  after  the  organization  of  the  government  under  the 
present  constitution,  a room  was  set  apart  in  the  Capitol  for  the  recep- 
tion and  distribution  of  letters  and  packets  to  and  from  members  of  the 
House,  without  an  order  for  that  purpose,  and  was  called  the  Post- 
Office.  It  was  superintended  by  the  doorkeeper  and  his  assistants.  On 


HOUSE  OF  REPRESENTATIVES. 


149 


A 

A 

A 

A 


A 

A 

A 


A 

A 


A 

A 

A 


A 

A 


To 

consist 
of  nine 
mem. 
bers 
each. 


71.  Twenty-seven  standing  committees  shall  be  ap- 
pointed at  the  commencement  of  each  session,  viz  : 

A Committee  of  Elections, 

A Committee  of  Ways  and  Means, 

A Committee  of  Claims, 

A Committee  on  Commerce, 

A Committee  on  the  Public  Lands, 

A Committee  on  the  Post  Office  and  Post 
Roads, 

Committee  for  the  District  of  Columbia, 
Committee  on  the  Judiciary, 

Committee  on  Revolutionary  Claims, 

Committee  on  Public  Expenditures, 

A Committee  on  Private  Land  Claims, 

A Committee  on  Manufactures, 

Committee  on  Agriculture, 

Committee  on  Indian  Affairs, 

Committee  on  Military  Affairs, 

A Committee  on  the  Militia, 

A Committee  on  Naval  Affairs, 

Committee  on  Foreign  Affairs, 

Committee  on  the  Territories, 

A Committee  on  Revolutionary  Pensions, 

A Committee  on  Invalid  Pensions, 

Committee  on  Roads  and  Canals, 

Committee  on  Patents, 

Committee  on  Public  Buildings  and 
Grounds, 

Committee  of  Revisal  and  Unfinished 
Business, 

Committee  of  Accounts, 

Committee  on  Mileage, 


To 

consist 
of  five 
mem- 
bers 
each. 


the  9th  of  April,  1814,  a special  allowance  was  made  to  the  doorkeeper 
to  meet  the  expenses  of  this  office,  and  he  was  authorized  to  appoint 
a postmaster.  The  office  continued  on  this  footing  till  April  4,  1838, 
when  an  order  was  passed,  as  above,  for  the  appointment  of  the  post- 
master  by  the  House  itself 

7 


150 


RULES  OF  THE 


72.  It  shall  be  the  duty  of  the  Committee  of  Elec- 
tions to  examine  and  report  upon  the  certificates  of 
election,  or  other  credentials,  of  the  members  returned 
to  serve  in  this  House ; and  to  take  into  their  consi- 
deration all  such  petitions,  and  other  matters  touching 
elections  and  returns,  as  shall  or  may  be  presented, 
or  come  into  question,  and  be  referred  to  them  by  the 
House. 

73.  It  shall  be  the  duty  of  the  Committee  of  Ways 
and  Means  to  take  into  consideration  all  such  reports 
of  the  Treasury  Department,  and  all  such  propositions 
relative  to  the  revenue,  as  may  be  referred  to  them 
by  the  House ; to  inquire  into  the  state  of  the  public 
debt  or  the  revenue,  and  of  the  expenditure ; and  to 
report,  from  time  to  time,  their  opinion  thereon ; [to 
examine  into  the  state  of  the  several  public  Depart- 
ments, and  particularly  into  the  laws  making  appro- 
priations of  moneys,  and  to  report  whether  the  moneys 
have  been  disbursed  conformably  with  such  laws  ; and 
also  to  report,  from  time  to  time,  such  provisions  and 
arrangements  as  may  be  necessary  to  add  to  the  eco- 
nomy of  the  Departments,  and  the  accountability  of 
their  officers.]* 

In  preparing  bills  of  appropriations  for  other  objects, 
the  Committee  of  Ways  and  Means  shall  not  include 
appropriations  for  carrying  into  effect  treaties  made 
by  the  United  States  ; and  where  an  appropriation  bill 
shall  be  referred  to  them  for  their  consideration,  which 


* That  portion  of  the  duty  of  the  Committee  of  Ways  and  Means, 
which  is  printed  within  brackets,  was,  originally,  adopted  on  the  7th  of 
January,  1802.  On  the  26th  February,  1814,  the  Committee  on  Pub- 
lie  Expenditures  was  created,  and  added  to  the  list  of  Standing  Com- 
mittees ; the  duties  of  this  latter  committee  are  exactly  those  contained 
in  that  portion  of  the  duties  of  the  Committee  of  Ways  and  Means 
which  are  referred  to  in  this  note  as  within  brackets;  (see  rule  84.) 
The  words  ought  to  be  stricken  from  the  specification  of  the  duties  of 
the  Committee  of  Ways  and  Means 


HOUSE  OF  REPRESENTATIVES. 


151 


contains  appropriations  for  carrying  a treaty  into  effect, 
and  for  other  objects,  they  shall  propose  such  amend- 
ments as  shall  prevent  appropriations  for  carrying  a 
treaty  into  effect  being  included  in  the  same  bill  with 
appropriations  for  other  objects. 

74.  It  shall  also  be  the  duty  of  the  Committee  of 
Ways  and  Means,  within  thirty  days  after  their  ap- 
pointment, at  every  session  of  Congress,  commencing 
on  the  first  Monday  of  December,  to  report  the  gene- 
ral appropriation  bills  — for  the  civil  and  diplomatic 
expenses  of  Government ; for  the  army ; for  the  navy ; 
and  for  the  Indian  Department  and  Indian  annuities ; 
or,  in  failure  thereof,  the  reasons  of  such  failure. 

75.  General  appropriation  bills  shall  be  in  order  in 
preference  to  any  other  bills  of  a public  nature,  unless 
otherwise  ordered  by  a majority  of  the  House. 

76.  No  appropriation  shall  be  reported  in  such 
general  appropriation  bills,  or  be  in  order  as  an 
amendment  thereto,  for  any  expenditure  not  previously 
authorized  by  law,  (September  14,  1837,)  unless  in 
continuation  of  appropriations  for  such  public  works 
and  objects  as  are  already  in  progress,  and  for  the 
contingencies  for  carrying  on  the  several  departments 
of  the  Government ; [May  13,  1838.] 

77.  It  shall  be  the  duty  of  the  Committee  of  Claims 
to  take  into  consideration  all  such  petitions,  and  mat- 
ters or  things  touching  claims  and  demands  on  the 
United  States,  as  shall  be  presented,  or  shall  or  may 
come  in  question,  and  be  referred  to  them  by  the 
House  ; and  to  report  their  opinion  thereupon,  together 
with  such  propositions  for  relief  therein  as  to  them 
shall  seem  expedient. 

78.  It  shall  be  the  duty  of  the  Committee  on  Com- 
merce to  take  into  consideration  all  such  petitions 
and  matters  or  things  touching  the  commerce  of  the 
United  States,  as  shall  be  presented,  or  shall  or  may 
come  into  question,  and  be  referred  to  them  by  the 


152 


RULES  OF  THE 


House ; and  to  report,  from  time  to  time,  their  opi- 
nion thereon. 

79.  It  shall  be  the  duty  of  the  Committee  on  the 
Public  Lands  to  take  into  consideration  all  such  peti- 
tions and  matters  or  things  respecting  the  Lands  of 
the  United  States,  as  shall  or  may  come  in  question, 
and  he  referred  to  them  by  the  House ; and  to  report 
their  opinion  thereon,  together  'with  such  propositions 
for  relief  therein  as  to  them  shall  seem  expedient. 

80.  It  shall  be  the  duty  of  the  Committee  on  the 
Post-Office  and  Post  Roads  to  take  into  consideration 
all  such  petitions  and  matters  or  things  touching  the 
Post-Office  and  Post  Roads,  as  shall  be  presented,  or 
may  come  in  question,  and  be  referred  to  them  by  the 
House ; and  to  report  their  opinion  thereupon,  to- 
gether with  such  propositions  relative  thereto  as  to 
them  shall  seem  expedient. 

81.  It  shall  he  the  duty  of  the  Committee  for  the 
District  of  Columbia  to  take  into  consideration  all  such 
petitions  and  matters  or  things  touching  the  said  Dis- 
trict as  shall  be  presented,  or  shall  come  in  question, 
and  be  referred  to  them  by  the  House ; and  to  report 
their  opinion  thereon,  together  with  such  propositions 
relative  thereto  as  to  them  shall  seem  expedient. 

82.  It  shall  be  the  duty  of  the  Committee  on  the 
Judiciary  to  take  into  consideration  such  petitions  and 
matters  or  things  touching  judicial  proceedings  as 
shall  be  presented,  or  may  come  in  question,  and  be 
referred  to  them  by  the  House ; and  to  report  there- 
upon, together  with  such  propositions  relative  thereto, 
as  to  them  shall  seem  expedient. 

83.  It  shall  be  the  duty  of  the  Committee  on  Re- 
volutionary Claims  to  take  into  consideration  all  such 
petitions  and  matters  or  things  touching  claims  and  de- 
mands originating  in  the  revolutionary  war,  or  arising 
therefrom,  as  shall  be  presented,  or  shall  or  may  come 
in  question,  and  be  referred  to  them  by  the  House ; 


HOUSE  OF  REPRESENTATIVES. 


153 


and  to  report  their 'opinion  thereupon,  together  with 
such  propositions  for  relief  therein  as  to  them  shall 
seem  expedient. 

84.  It  shall  be  the  duty  of  the  Committee  on  Public 
Expenditures  to  examine  into  the  state  of  the  several 
public  departments,  and  particularly  into  laws  making 
appropriations  of  money,  and  to  report  whether  the 
moneys  have  been  disbursed  conformably  with  such 
laws ; and  also  to  report,  from  time  to  time,  such  pro- 
visions and  arrangements  as  may  be  necessary  to  add 
to  the  economy  of  the  departments,  and  the  accounta- 
bility of  their  officers.* 

85.  Itf*shall  be  the  duty  of  the  Committee  on  Pri- 
vate Land  Claims  to  take  into  consideration  all  claims 
to  land  which  may  be  referred  to  them,  or  shall  or 
may  come  in  question ; and  to  report  their  opinion 
thereupon,  together  with  such  propositions  for  relief 
therein  as  to  them  shall  seem  expedient. 

86.  It  shall  be  the  duty  of  the  Committee  on  Mili- 
tary Affairs  to  take  into  consideration  all  subjects  re- 
lating to  the  military  establishment  and  public  defence, 
which  may  be  referred  to  them  by  the  House,  and  to 
report  their  opinion  thereupon ; and  also  to  report, 
from  time  to  time,  such  measures  as  may  contribute  to 
economy  and  accountability  in  the  said  establishment. 

87.  It  shall  be  the  duty  of  the  Committee  on  the 
Militia  to  take  into  consideration  and  report  on  all 
subjects  connected  with  the  organizing,  arming,  and 
disciplining,  the  militia  of  the  United  States. 

88.  It  shall  be  the  duty  of  the  Committee  on  Naval 
Affairs  to  take  into  consideration  all  matters  which  con- 


* See  note  to  Rule  73. — And  further  on  the  30th  March,  1816,  six 
Committees  on  Expenditures  in  the  several  Departments  of  the  Govern- 
ment were  created  and  added  to  the  list  of  standing'  committees.  The 
duties  assigned  to  these  several  committees  would  seem  entirely  to 
cover  the  duties  of  the  Committee  on  Public  Expenditures.  (See  Rules 
!)D  and  100.) 


154 


RULES  OF  THE 


cern  the  naval  establishment,  and  which  shall  be  re- 
ferred to  them  by  the  House,  and  to  report  their  opi- 
nion thereupon  ; and  also  to  report,  from  time  to  time, 
such  measures  as  may  contribute  to  economy  and 
accountability  in  the  said  establishment. 

89.  It  shall  be  the  duty  of  the  Committee  on  Fo- 
reign Affairs  to  take  into  consideration  all  matters 
which  concern  the  relations  of  the  United  States  with 
foreign  nations,  and  which  shall  be  referred  to  them 
by  the  House,  and  to  report  their  opinion  on  the 
same. 

90.  It  shall  be  the  duty  of  the  Committee  on  the 
Territories  to  examine  into  the  legislative,  civil,  and 
criminal  proceedings  of  the  Territories,  and  to  devise 
and  report  to  the  House  such  means  as,  in  their 
opinion,  may  be  necessary  to  secure  the  rights  and 
privileges  of  residents  and  non-residents. 

91.  It  shall  be  the  duty  of  the  Committee  on  Revo- 
lutionary Pensions  to  take  into  consideration  all  such 
matters  respecting  pensions  for  services  in  the  revolu- 
tionary war,  other  than  invalid  pensions,  as  shall  be 
referred  to  them  by  the  House. 

92.  It  shall  be  the  duty  of  the  Committee  on  In- 
valid Pensions  to  take  into  consideration  all  such  mat- 
ters respecting  invalid  pensions  as  shall  be  referred  to 
them  by  the  House. 

93.  It  shall  be  the  duty  of  the  Committee  on  Roads 
and  Canals  to  take  into  consideration  all  such  peti- 
tions and  matters  or  things  relating  to  roads  and  ca- 
nals, and  the  improvement  of  the  navigation  of  rivers, 
as  shall  be  presented,  or  may  come  in  question,  and 
be  referred  to  them  by  the  House  ; and  to  report  there- 
upon, together  with  such  propositions  relative  thereto, 
as  to  them  shall  seem  expedient. 

94.  It  shall  be  the  duty  of  the  Committee  on  Pa- 
tents to  consider  all  subjects  relating  to  patents  which 
may  be  referred  to  them,  and  report  their  opinion 


HOUSE  OF  REPRESENTATIVES. 


155 


thereon,  together  with  such  propositions  relative 
thereto  as  may  seem  to  them  expedient. 

95.  It  shall  be  the  duty  of  the  Committee  on  Public 
Buildings  and  Grounds  to  consider  all  subjects  re- 
lating to  the  public  edifices  and  grounds  within  the 
city  of  Washington,  which  may  be  referred  to  them, 
and  report  their  opinion  thereon,  together  with  such 
propositions  relating  thereto  as  may  seem  to  them 
expedient. 

96.  It  shall  be  the  duty  of  the  Committee  of  Re- 
visal  and  Unfinished  Business  to  examine  and  report 
what  laws  have  expired,  or  are  near  expiring,  and 
require  to  be  revived  or  further  continued ; also,  to 
examine  and  report,  from  the  Journal  of  last  session, 
all  such  matters  as  were  then  depending  and  unde- 
termined. 

97.  It.  shall  be  the  duty  of  the  Committee  of  Ac- 
counts to  superintend  and  control  the  expenditures  of 
the  contingent  fund  of  the  House  of  Representatives, 
and  to  audit  and  settle  all  accounts  which  may  be 
charged  thereon ; and  also  to  audit  the  accounts  of 
the  members  for  their  travel  to  and  from  the  seat  of 
Government,  and  their  attendance  in  the  House.* 

98.  It  shall  be  the  duty  of  the  Committee  on 
Mileage,  to  ascertain  and  report  the  distance  to  the 
Sergeant-at-arms,  for  which  each  member  shall  re- 
ceive pay. 

99.  Six  additional  standing  committees  shall  be 
appointed  at  the  commencement  of  the  first  session 
in  each  Congress,  whose  duties  shall  continue  until 
the  first  seasion  of  the  ensuing  Congress : 


* So  much  of  this  rule  as  directs  the  Committee  of  Accounts  to 
audit  and  settle  the  mileage  and  daily  pay  of  the  members,  was  adopted 
at  the  first  session,  12th  Congress,  (1812.)  At  the  first  session  of  the 
25th  Congress,  (1837,)  a Standing  Committee  on  Mileage  was  created 
for  the  especial  purpose  of  ascertaining  and  reporting  the  mileage  for 
which  each  member  shall  receive  pay.  (See  Rule  98.) 


156 


RULES  OP  THE 


1.  A Committee  on  so  much  of  the  public' 

accounts  and  expenditures  as  relate  to 
the  Department  of  State  ; 

2.  A Committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  to 
the  Treasury  Department ; 

3.  A Committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  to 
the  Department  of  War; 

4.  A Committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  to 
the  Department  of  the  Navy ; 

5.  A Committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  to 
the  Post-Office ; and 

6.  A Committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  to 
the  Public  Buildings. 

100.  It  shall  he  the  duty  of  the  said  committees  to 
examine  into  the  state  of  the  accounts  and  expendi- 
tures respectively  submitted  to  them,  and  to  inquire 
and  report  particularly — 

Whether  the  expenditures  of  the  respective  depart- 
ments are  justified  by  law  : 

Whether  the  claims  from  time  to  time  satisfied 
and  discharged  by  the  respective  departments  are 
supported  by  sufficient  vouchers,  establishing  their 
justness  both  as  to  their  character  and  amount : 

Whether  such  claims  have  been  discharged  out  of 
funds  appropriated  therefor : and  whether  all  moneys 
have  been  disbursed  in  conformity  with  appropriation 
laws : and 

Whether  any,  and  what  provisions  are  necessary 
to  be  adopted,  to  provide  more  perfectly  for  the  pro- 
per application  of  the  public  moneys,  and  to  secure 
the  Government  from  demands  unjust  in  their  cha- 
racter, or  extravagant  in  their  amount. 


To 

consist 
> of  five 
mem- 
bers 
each. 


HOUSE  OF  REPRESENTATIVES. 


157 


And  it  shall  be,  moreover,  the  duty  of  the  said  com- 
mittees to  report,  from  time  to  time,  whether  any,  and 
what  retrenchment  can  be  made  in  the  expenditures 
of  the  several  departments,  without  detriment  to  the 
public  service ; whether  any,  and  what  abuses  at  any 
time  exist  in  the  failure  to  enforce  the  payment  of 
moneys  which  may  be  due  to  the  United  States  from 
public  defaulters  or  others : and  to  report,  from  time 
to  time,  such  provisions  and  arrangements  as  may  be 
necessary  to  add  to  the  economy  of  the  several  de- 
partments, and  the  accountability  of  its  officers. 

101.  The  several  standing  committees  of  the  House 
shall  have  leave  to  report  by  bill  or  otherwise. 

102.  No  committee  shall  sit  during  the  sitting  of 
the  House,  without  special  leave. 

103.  It  shall  be  the  duty  of  the  clerk  to  make,  and 
cause  to  be  printed,  and  delivered  to  each  member,  at 
the  commencement  of  every  session  of  Congress^  a 
list  of  the  reports  which  it  is  the  duty  of  any  officer 
or  department  of  the  Government  to  make  to  Con- 
gress ; referring  to  the  act  or  resolution,  and  page  of 
the  volume  of  the  laws  or  journal  in  which  it  may  be 
contained ; and  placing  under  the  name  of  each  officer 
the  list  of  reports  required  of  him  to  be  made,  and  the 
time  when  the  report  may  be  expected. 

104.  It  shall  be  the  duty  of  the  clerk  of  the  House, 
at  the  end  of  each  session,  to  send  a printed  copy  of 
the  journals  thereof  to  the  Executive,  and  to  each 
branch  of  the  Legislature  of  every  State. 

105.  All  questions  of  order  shall  be  noted  by  the 
clerk,  with  the  decision,  and  put  together  at  the  end 
of  the  journal  of  every  session. 

106.  Whenever  confidential  communications  are 
received  from  the  President  of  the  United  States,  the 
House  shall  be  cleared  of  all  persons,  except  the 
members,  clerk,  sergeant-at-arms,  and  doorkeeper,  and 

7* 


158 


RULES  OF  THE 


so  continue  during  the  reading  of  such  communica- 
tions, and  (unless  otherwise  directed  by  the  House) 
during  all  debates  and  proceedings  to  he  had  thereon. 
And  when  the  Speaker,  or  any  other  member,  shall 
inform  the  House  that  he  has  communications  to  make, 
which  he  conceives  ought  to  be  kept  secret,  the  House 
shall,  in  like  manner,  be  cleared,  till  the  communica- 
tion be  made  ; the  House  shall  then  determine  whe- 
ther the  matter  communicated  requires  secrecy  or  not, 
and  take  order  accordingly. 

107.  All  questions  relating  to  the  priority  of  busi- 
ness to  be  acted  on  shall  be  decided  without  debate. 

OF  BILLS. 

108.  Every  hill  shall  be  introduced  on  the  report 
of  a committee,  or  by  motion  for  leave.  In  the  latter 
case,  at  least  one  day’s  notice  shall  be  given  of  the 
motion ; and  the  motion  shall  be  made,  and  the  bill 
introduced,  if  leave  is  given,  when  resolutions  are 
called  for ; such  motion,  or  the  bill  when  introduced, 
may  be  committed. 

109.  Every  bill  shall  receive  three  several  readings 
in  the  House,  previous  to  its  passage ; and  bills  shall 
be  despatched  in  order  as  they  were  introduced,  un- 
less where  the  House  shall  direct  otherwise ; but  no 
bill  shall  be  twice  read  on  the  same  day,  without  spe- 
cial order  of  the  House. 

110.  The  first  reading  of  a bill  shall  be  for  infor- 
mation ; and,  if  opposition  be  made  to  it,  the  ques- 
tion shall  be,  “Shall  this  bill  be  rejected?”  If  no 
opposition  be  made,  or  if  the  question  to  reject  be 
negatived,  the  bill  shall  go  to  its  second  reading  with- 
out a question. 

111.  Upon  the  second  reading  of  a bill,  the  Speaker 
shall  state  it  as  ready  for  commitment  or  engrossment ; 
and,  if  committed,  then  a question  shall  be,  whether 


HOUSE  OF  REPRESENTATIVES. 


159 


to  a select  or  standing  committee,  or  to  a Committee 
of  the  Whole  House  : if  to  a Committee  of  the  Whole 
House,  the  House  shall  determine  on  what  day ; if  no 
motion  be  made  to  commit,  the  question  shall  be  stated 
on  its  engrossment ; and  if  it  be  not  ordered  to  be  en- 
grossed on  the  day  of  its  being  reported,  it  shall  he 
placed  in  the  general  file  on  the  Speaker’s  table,  to 
he  taken  up  in  its  order.  But,  if  the  hill  be  ordered 
to  be  engrossed,  the  House  shall  appoint  the  day  when 
it  shall  be  read  the  third  time. 

112.  Not  more  than  three  hills,  originating  in  the 
House,  shall  be  committed  to  the  same  Committee  of 
the  Whole ; and  such  bills  shall  he  analogous  in  their 
nature,  which  analogy  shall  be  determined  by  the 
Speaker. 

113.  After  commitment  and  report  thereof  to  the 
House,  or  at  any  time  before  its  passage,  a bill  may 
be  recommitted. 

114.  All  bills  ordered  to  be  engrossed  shall  be  exe- 
cuted in  a fair  round  hand. 

115.  No  amendment  by  way  of  rider  shall  be  re- 
ceived to  any  bill  on  its  third  reading. 

116.  When  a hill  shall  pass,  it  shall  he  certified  by 
the  clerk,  noting  the  day  of  its  passage  at  the  foot 
thereof. 


OF  COMMITTEES  OF  THE  WHOLE  HOUSE. 

117.  It  shall  be  a standing  order  of  the  day,  through- 
out the  session,  for  the  House  to  resolve  itself  into  a 
Committee  of  the  Whole  House  on  the  state  of  the 
Union. 

218.  In  forming  a Committee  of  the  Whole  House, 
the  Speaker  shall  leave  his  chair,  and  a chairman,  to 
preside  in  committee,  shall  be  appointed  by  the 
Speaker. 

119.  Upon  bills  committed  to  a Committee  of  the 
Whole  House,  the  bill  shall  be  first  read  throughout 


160 


RULES  OF  THE 


by  the  clerk,  and  then  again  read  and  debated  by 
clauses,  leaving  the  preamble  to  be  last  considered : 
the  body  of  the  bill  shall  not  be  defaced  or  interlined  ; 
but  all  amendments,  noting  the  page  and  line,  shall 
be  duly  entered  by  the  clerk  on  a separate  paper,  as 
the  same  shall  be  agreed  to  by  the  committee,  and  so 
reported  to  the  House.  After  report,  the  bill  shall 
again  be  subject  to  be  debated  and  amended  by 
clauses,  before  a question  to  engross  it  be  taken. 

120.  All  amendments  made  to  an  original  motion 
in  committee  shall  be  incorporated  with  the  motion, 
and  so  reported. 

121.  All  amendments  made  to  a report  committed 
to  a Committee  of  the  Whole  House  shall  be  noted 
and  reported,  as  in  the  case  of  bills.  * 

122.  All  questions,  whether  in  committee  or  in  the 
House,  shall  be  propounded  in  the  order  in  which 
they  Avere  moved,  except  that,  in  filling  up  blanks, 
the  largest  sum  and  longest  time  shall  be  first  put. 

123.  No  motion  or  proposition  for  a tax  or  charge 
upon  the  people  shall  be  discussed  the  day  in  which 
it  is  made  or  offered ; and  every  such  proposition 
shall  receive  its  first  discussion  in  a Committee  of  the 
Whole  House. 

124.  No  sum  or  quantum  of  tax  or  duty,  voted  by 
a Committee  of  the  Whole  House,  shall  be  increased 
in  the  House  until  the  motion  or  proposition  for  such 
increase  shall  be  first  discussed  and  voted  in  a Com- 
mittee of  the  Whole  House ; and  so  in  respect  to  the 
time  of  its  continuance. 

125.  All  proceedings  touching  appropriations  of 
money  shall  be  first  discussed  in  a Committee  of  the 
Whole  House. 

126.  The  rules  of  proceedings  in  the  House  shall 
be  observed  in  a Committee  of  the  Whole  House,  so 
far  as  they  may  be  applicable,  except  the  rule  limiting 
the  time  of  speaking ; but  no  member  shall  speak  twice 


HOUSE  OP  REPRESENTATIVES. 


161 


to  any  question,  until  every  member  choosing  to  speak 
shall  have  spoken. 

127.  No  standing  rule  or  order  of  the  House  shall 
be  rescinded  or  changed  without  one  day’s  notice 
being  given  of  the  motion  therefor.  Nor  shall  any 
rule  be  suspended,  except  by  a vote  of  at  least  two- 
thirds  of  the  members  present.  Nor  shall  the  order 
of  business,  as  established  by  the  rules  of  the  House, 
be  postponed  or  changed,  except  by  a vote  of  at  least 
two-thirds  of  the  members  present. 

128.  It  shall  be  in  order  for  the  Committee  on  En- 
rolled Bills  to  report  at  any  time. 

129.  The  rules  of  Parliamentary  practice,  comprised 
in  Jefferson’s  Manual,  shall  govern  the  House  in  all 
cases  to  which  they  are  applicable,  and  in  which  they 
are  not  inconsistent  with  the  Standing  Buies  and  Or- 
ders of  the  House,  and  the  Joint  Rules  of  the  Senate 
and  House  of  Representatives. 

130.  No  person  shall  be  permitted  to  perform  di- 
vine service  in  the  chamber  occupied  by  the  House 
of  Representatives,  unless  with  the  consent  of  the 
Speaker. 

131.  The  rule  for  paying  witnesses  summoned  to 
appear  before  this  House,  or  either  of  its  committees, 
shall  be  as  follows : F or  each  day  a witness  shall  at- 
tend, the  sum  of  two  dollars ; for  each  mile  he  shall 
travel  in  coming  to  or  going  from  the  place  of  exami- 
nation, the  sum  of  ten  cents  each  way ; but  nothing 
shall  be  paid  for  travelling  home  when  the  witness 
has  been  summoned  at  the  place  of  trial. 

132.  The  clerk  shall,  within  thirty  days  after  the 
close  of  each  session  of  Congress,  cause  to  be  com- 
pleted the  printing  and  primary  distribution,  to  mem- 
bers and  delegates,  of  the  journal  of  the  House,  to- 
gether with  an  accurate  index  to  the  same.  (June  18, 
1832.) 

133.  There  shall  be  retained  in  the  library  of  the 


162 


RULES  OF  THE  HOUSE. 


clerk’s  office,  for  the  use  of  the  members  there,  and 
not  to  be  withdrawn  therefrom,  two  copies  of  all  the 
books  and  printed  documents  deposited  in  the  library. 
(December  22,  1826.) 

134.  The  clerk  shall  have  preserved  for  each  mem- 
ber of  the  House,  an  extra  copy,  in  good  binding,  of 
all  the  documents  printed  by  order  of  either  House 
at  each  future  session  of  Congress.  (February  9, 

1831. ) 

135.  The  clerk  shall  make  a weekly  statement  of 
the  resolutions  and  bills  (Senate  bills  inclusive)  upon 
the  Speaker’s  table,  accompanied  with  a brief  refer- 
ence to  the  orders  and  proceedings  of  the  House  upon 
each,  and  the  date  of  such  order  and  proceedings ; 
which  statement  shall  be  printed  for  the  use  of  the 
members.  (April  21,  1836.) 

136.  The  clerk  shall  cause  an  index  to  be  prepared 
to  the  acts  passed  at  every  session  of  Congress,  and 
to  be  printed  and  bound  with  the  acts.  (July  4, 

1832. ) 

137.  The  clerk  shall  take  proper  measures  for  the 
care  and  preservation  of  the  public  stable  provided 
for  the  business  and  accommodation  of  the  House  of 
Representatives.  (July  9,  1838.) 

138.  The  unappropriated  rooms  in  that  part  of  the 
Capitol  assigned  to  the  House  shall  be  subject  to  the 
order  and  disposal  of  the  Speaker,  until  the  further 
order  of  the  House.  (May  26,  1824.) 

139.  Maps  accompanying  documents  shall  not  be 
printed,  under  the  general  order  to  print,  without  the 
special  direction  of  the  House.  (March  2,  1837 ; 
September  11,  1837.) 

140.  No  committee  shall  be  permitted  to  employ 
a clerk  at  the  public  expense,  without  first  obtaining 
leave  of  the  House  for  that  purpose.  (December  14, 
1838.) 


JOINT  RULES 

AND 

ORDERS  OF  THE  TWO  HOUSES. 


(163) 


■* 


m. 


JOINT  RULES 


AND 

ORDERS  OF  THE  TWO  HOUSES. 


1.  In  every  case  of  an  amendment  of  a bill  agreed 
to  in  one  House,  and  dissented  to  in  the  other,  if 
either  House  shall  request  a conference,  and  appoint 
a committee  for  that  purpose,  and  the  other  House 
shall  also  appoint  a committee  to  confer,  such  com- 
mittee shall,  at  a convenient  hour,  to  be  agreed  on  by 
their  chairman,  meet  in  the  conference  chamber,  and 
state  to  each  other,  verbally,  or  in  writing,  as  either 
shall  choose,  the  reasons  of  their  respective  Houses 
for  and  against  the  amendment,  and  confer  freely 
thereon. 

2.  When  a message  shall  be  sent  from  the  Senate 
to  the  House  of  Representatives,  it  shall  be  announced 
at  the  door  of  the  House  by  the  doorkeeper,  and  shall 
be  respectfully  communicated  to  the  chair  by  the  per- 
son by  whom  it  may  be  sent. 

3.  The  same  ceremony  shall  be  observed  when  a 
message  shall  be  sent  from  the  House  of  Representa- 
tives to  the  Senate. 

4.  Messages  shall  be  sent  by  such  persons  as  a 
sense  of  propriety  in  each  House  may  determine  to 
be  proper. 


(165) 


166 


JOINT  RULES. 


5.  While  bills  are  on  their  passage  between  the 
two  Houses,  they  shall  be  on  paper,  and  under  the 
signature  of  the  secretary  or  clerk  of  each  House 
respectively. 

6.  After  a bill  shall  have  passed  both  Houses,  it 
shall  be  duly  enrolled  on  parchment  by  the  clerk  of 
the  House  of  Representatives,  or  the  secretary  of  the 
Senate,  as  the  hill  may  have  originated  in  the  one  or 
the  other  House,  before  it  shall  be  presented  to  the 
President  of  the  United  States. 

7.  When  bills  are  enrolled,  they  shall  be  examined 
by  a joint  committee  of  two  from  the  Senate  and  two 
from  the  House  of  Representatives,  appointed  as  a 
standing  committee  for  that  purpose,  who  shall  care- 
fully compare  the  enrolment  'with  the  engrossed  bills, 
as  passed  in  the  two  Houses,  and,  correcting  any 
errors  that  may  be  discovered  in  the  enrolled  bills, 
make  their  report  forthwith  to  their  respective  Houses. 

8.  After  examination  and  report,  each  bill  shall  be 
signed  in  the  respective  Houses,  first  by  the  Speaker 
of  the  House  of  Representatives,  then  by  the  Presi- 
dent of  the  Senate. 

9.  After  a bill  shall  have  been  thus  signed  in  each 
House,  it  shall  be  presented,  by  the  said  committee, 
to  the  President  of  the  United  States  for  his  approba- 
tion, (it  being  first  endorsed  on  the  back  of  the  roll, 
certifying  in  which  House  the  same  originated ; which 
endorsement  shall  be  signed  by  the  secretary  or  clerk, 
as  the  case  may  be,  of  the  House  in  which  the  same 
did  originate,)  and  shall  be  entered  on  the  journal  of 
each  House.  The  said  committee  shall  report  the 
day  of  presentation  to  the  President ; which  time  shall 
also  be  carefully  entered  on  the  journal  of  each  House. 

10.  All  orders,  resolutions,  and  votes,  which  are  to 
be  presented  to  the  President  of  the  United  States  for 
his  approbation,  shall  also,  in  the  same  manner,  be 
previously  enrolled,  examined,  and  signed ; and  shall 


JOINT  RULES. 


167 


be  presented  in  the  same  manner,  and  by  the  same 
committee,  as  provided  in  the  cases  of  bills. 

11.  When  the  Senate  and  House  of  Representa- 
tives shall  judge  it  proper  to  make  a joint  address  to 
the  President,  it  shall  be  presented  to  him  in  his  au- 
dience chamber  by  the  President  of  the  Senate,  in  the 
presence  of  the  Speaker  and  both  Houses. 

12.  When  a bill  or  resolution  which  shall  have 
passed  in  one  House  is  rejected  in  the  other,  notice 
thereof  shall  be  given  to  the  House  in  which  the  same 
shall  have  passed. 

13.  When  a bill  or  resolution  which  has  been  passed 
in  one  House  shall  be  rejected  in  the  other,  it  shall 
not  be  brought  in  during  the  same  session,  without  a 
notice  of  ten  days,  and  leave  of  two-thirds  of  that 
House  in  which  it  shall  be  renewed. 

14.  Each  House  shall  transmit  to  the  other  all  pa- 
pers on  which  any  bill  or  resolution  shall  be  founded. 

15.  After  each  House  shall  have  adhered  to  their 
disagreement,  a bill  or  resolution  shall  be  lost. 

16.  No  bill  that  shall  have  passed  one  House  shall 
be  sent  for  concurrence  to  the  other  on  either  of  the 
last  three  days  of  the  session. 

17.  No  bill  or  resolution  that  shall  have  passed  the 
House  of  Representatives  and  the  Senate,  shall  be 
presented  to  the  President  of  the  United  States  for 
his  approbation  on  the  last  day  of  the  session. 

18.  When  bills  which  have  passed  one  House  are 
ordered  to  be  printed  in  the  other,  a greater  number 
of  copies  shall  not  be  printed  than  may  be  necessary 
for  the  use  of  the  House  making  the  order. 

19.  No  spirituous  liquors  shall  be  offered  for  sale, 
or  exhibited,  within  tbe  Capitol,  or  on  the  public 
grounds  adjacent  thereto. 


INDICES. 


(169) 


> *• 


• •-  . . 


'if 


► 


**  * ■*. 

i « 


- . . 


.. 


.** 


*♦ 


INDEX 


TO 

JEFFERSON’S  MANUAL. 

Absence,  not  allowed  without  leave Page  27 

provision  in  cases  of v...  27 

Address,  how  presented , 29 

Adhere,  question  discussed 82 

effect  of  a vote  to 96 

should  be  two  conferences  before  vote  to 96 

Adjournment,  motion  for,  cannot  be  amended 107 

rules  and  regulations  in  respect  to 106 

a question  is  removed  by 81 

of  the  session,  all  unfinished  business  falls 94 

of  the  session,  modes  and  manner  discussed 107-108 

to  be  declared  by  the  Speaker 107 

for  more  than  three  days,  by  concurrent  votes 106 

provision  for  disagreement  respecting 107 

effect  of,  on  business  depending 107-109 

Amendment  to  Bills.— See  also  Bills 58 

proceedings  in  relation  to 51-55 

how  to  be  reported 57-58 

fall  on  recommitment 56 

in  the  third  degree  not  admissible 70-93 

discussion  of  the  nature  and  coherence  of 67-78 

Speaker  cannot  refuse  to  receive  because  incon- 
sistent   74 

may  totally  change  the  subject 75 

if  House  refuses  to  strike  out  a paragraph,  it  cannot 

be  amended 76 

a new  bill  may  be  engrafted  on  another 76 

mode  of  proceeding  on  amendments  between  the 

Houses 95-6-99 

made  in  Committee  of  the  Whole,  falls  by  a 

reference 59 

proposed,  inconsistent  with  one  adopted,  may  be 

put 75 

may  be  amended  prior  to  adoption,  but  not  after. . 76 

(171) 


172  INDEX. 

Amendment  to  Bills , (proposed,)  by  striking  out,  and  lost,  the  paragraph 

proposed  to  be  stricken  out  cannot  be  amended. . 76 

not  identical,  or  equivalent  to  one  lost,  may  be 

proposed 77 

by  insertion,  how  far  liable  to  farther  amendment  77 

Apportionment  of  representatives,  table  of 25 

Appropriation,  made  by  resolution 50 

Arrest,  definition  of  privilege  from 16-20 

terminates  with  the  session 46 

Assaults  and  affrays  in  the  House,  how  settled 41 

Assent  to  bills,  by  the  executive,  regulations  respecting 103 

Ayes  and  noes,  how  questions  are  determined  by - 86-9 

no  member  to  vote  if  not  present 91 

Bills,  engrossed,  must  not  be  looked  into 37 

to  be  fairly  written,  or  Speaker  may  refuse  them 50 

amendments  fall,  if  recommitted 57 

a particular  clause  may  be  recommitted 57 

amendments,  how  proceeded  with 52-8 

amendments  fall  if  referred  to  committee 59 

proceedings  on  second  reading 60-1 

time  for  attacking  or  opposing 61-86 

what  constitutes  possession 64 

one  bill  may  be  engrafted  on  another 75-78 

one  House  may  pass  with  blanks  and  be  filled  in  the  other 78 

on  third  reading,  forms  observed 84-5 

on  third  reading,  may  be  committed 85 

on  third  reading,  amended  by  riders 85 

on  third  reading,  blanks  filled 86 

cannot  be  altered  after  passage 86 

new,  concerning  their  introduction 46 

to  receive  three  readings,  &c 49 

how  brought  in  on  notice  and  leave 50 

forms  in  introducing - 50 

not  amended  at  first  reading 51 

proceedings  on  second  reading 51-60-1 

how  and  to  whom  committed 52-3 

shall  be  read  twice  before  commitment 52 

not  to  he  referred  to  avowed  opponents 52 

referred,  may  be  delivered  to  any  of  the  committee 52 

amendments  between  the  Houses,  mode  of  proceeding 05 -6 

by  whom  to  be  taken  from  House  to  House 101 

may  be  specially  commended  to  notice  of  the  other  House 102 

rejected,  course  to  be  pursued 102 

if  one  House  neglects  a Bill,  the  other  may  remind  of  it 102 

how  to  be  enrolled,  signed  and  presented  to  President 103 

amendments  to  cannot  be  receded  from  or  insisted  on,  by  the 

amending  House,  with  a farther  amendment 96 

amendment  to  an  amendment  has  precedence  over  a motion  to 
agree  or  disagree 97 


Jefferson’s  manual.  173 

Bills,  amendments  to  amendments,  how  far  admissible 97 

proceedings  upon,  in  Committee  of  the  Whole,  &c * 59 

titles,  when  made 92 

reconsideration,  when  and  how  the  question  may  be  moved 92-95 

reconsideration,  at  what  time  to  be  moved 92 

reconsideration,  effect  of  a vote  for 93 

(rejected)  relating  to  their  being  brought  in  during  the  same  session  94 
originating  in  one  House,  rejected  in  the  other,  may  be  renewed  94 

in  the  rejecting  House 94 

expedients  for  remedying  omissions  in 94-5 

mode  of  proceeding,  when  founded  on  facts  requiring  explanation  95 

effect  of  a vote  to  insist  or  adhere 96 

conferences  upon,  at  what  stages,  and  by  whom  asked 96 

papers  relating  to,  to  be  left  with  the  conferees  of  the  House 

acceding  to  the  conference 99 

enrolling 100 

proceedings  when  disapproved 104 

not  returned  in  ten  days,  to  be  laws,  unless  an  adjournment 

intervene 104 

Blanks , longest  time,  largest  sum,  first  put 70 

bills  may  be  passed  with,  and  be  filled  in  other  House 78 

may  be  filled  in  engrossed  bills 85 

construction  of  the  rule  for  filling 77 

Breach  of  Peace , mode  of  proceeding  on  charge  of 21 

Bribery , (Randall  and  Whitney’s  case)  breach  of  privilege 17 

Business , order  of,  in  Senate 35 

a settled  order  in  its  arrangement  useful 35 

Call  of  the  House , proceedings  in  case  of 27 

Challenge , b'r'each  of  privilege 17 

Chairman  of  Commitee  elected 30 

of  Committee  of  the  Whole,  may  be  elected 31 

Change  of  Vote , right  to 92 

Clerk , puts  questions  before  election  of  Speaker ..  28 

to  read  standing 61 

numbers  the  sections 79 

may  correct  his  errors 101 

Committees , cannot  inquire  concerning  their  members 30 

must  not  sit  when  House  is  in  session 30” 

may  elect  chairman 30 

manner  of  proceeding  in 54 

cannot  reconsider  or  alter  their  own  votes 56 

how  they  report  amendments 56 

cannot  sit  in  the  recess  after  the  Congress  has  expired 106 

a member  elect , though  not  returned,  may  be  appointed  on.  19 

standing 30 

forms  and  proceedings  in 30-53 

joint,  how  they  act 30 

who  shall  compose 52 

how  appointed  in  Senate  53 

8 


174  INDEX. 

Committees , time  and  place  of  meeting 53 

majority  of,  to  constitute  a quorum 53 

members  of  the  House  may  be  present  at  their  sittings  ...  53 

their  power  over  a bill 53 

have  entire  control  of  a report  recommitted 57 

dissolved  by  a report 57 

how  revived 57 

may  be  discharged  from  instructions 94 

when  they  may  sit  during  recess 108 

effect  of  a reference  to,  when  a bill  has  been  amended  in 

Committee  of  the  Whole 59 

Committee  of  the  Whole , great  matters  usually  referred  to 31 

may  elect  their  Chairman 31 

Speaker  may  resume  chair  if  great  disorder. ..  32 

manner  of  doing  business  in,  in  Senate 59 

proceedings  in 30-54-59 

irregularly  dissolved 32 

cannot  adjourn 32 

report  proceedings 33 

subjects  which  have  passed  through,  may  be 

referred  to  special  committees 59 

particulars  which  attach  to 60 

Communications , confidential,  to  be  kept  secret 109 

Common  fame , a ground  for  proceeding 33 

Conferences , common  to  have  two,  before  vote  to  adhere 96 

cannot  alter  any  thing  on  which  the  Houses  have  agreed.  97 

discussion  of  the  nature  and  the  occasion  of 99 

report  of  cannot  be  amended  or  altered 99 

papers  left  with  conferees  of  House  agreeing  to 99 

when,  by  which  House,  and  at  what  stages  to  be  asked. . . 98 

Co-existing  questions  discussed 81 

Counsel  inay  be  heard  on  private  bills  and  law  points 35 

Count  of  the  House  may  be  called 26 

(See  Division  of  the  House.) 

Covered , when  members  are  not  to  be 44 

Debate , no  one  to  speak  impertinently,  superfluously,  or  tediously. ...  40 

not  cut  off,  till  both  sides  of  the  question  be  put 84 

forms  and  proprieties  to  be  observed  in 38-9 

the  Speaker  not  allowed  to  engage  in,  except  on  points  of  order  40 

proceedings  of  the  House  not  to  be  censured 40 

personalities  to  be  prohibited 40 

motives  not  to  be  arraigned 40 

violation  of  order  in,  to  be  suppressed  by  the  Speaker 41-43 

disorderly  words  not  to  be  noticed  until  the  member  has  finished  42 

disorderly  words,  when  taken  down 42 

proceedings  of  the  other  House  not  to  be  noticed  in 43 

members  concerned  or  implicated  by  the  subject  of,  ought  to 

withdraw 44 

Decorum , points  of  (See  Debate) 41-2 


Jefferson’s  manual.  175 

Defamatory  publications,  breach  of  privilege 17 

Disorder  in  Committee  of  the  Whole,  Speaker  to  resume  chair,  if  great  . . 32 

members  creating,  proceedings 40 

Disorderly  words,  how  and  when  taken  down 42 

Division  of  the  House,  practice  in  ascertaining 87-90 

of  questions,  discussed 79-83 

Doors,  rule  respecting  their  being  closed 45 

ought  not  to  be  shut ; to  be  kept  by  persons  appointed - ...  45 

Duel,  challenge  to,  breach  of  privilege 17 

Elections,  time,  place,  and  manner  of  holding 22 

of  members  to  be  judged  by  each  House 22 

Engrossed  bills,  not  to  be  looked  into 38 

Errors,  cannot  be  corrected  in  Committee  of  the  Whole 37 

various  modes  of  correcting 93 

Clerk  may  correct Jiis  own 101 

Equivalent  questions,  discussed 82 

Felony,  mode  of  proceeding  on  charge  of 21 

Oakery,  clearing  of 45 

Committee  of  the  Whole  cannot  punish  for  disorder  in 60 

Hats,  when  tro  he  taken  off 44 

House,  division  of,  how  ascertained 86-90 

of  Representatives. — See  Representatives. 

Impeachment,  sketch  of  the  law  of  Parliament,  respecting  112-117 

Inquiry,  or  accusation,  common  fame  a ground  for 33 

Insist,  question  discussed 82 

effect  of  vote  to 96 

Journal,  shall  be  kept  by  each  House 104 

of  each  House  to  be  published 104 

shall  show  every  vote  . . 104 

to  contain  a brief  statement  of  every  petition,  paper,  & c.,  pre- 
sented   104 

titles  of  bills,  and  parts  affected  by  amendments,  to  be  104 

inserted  on  104 

what  questions  shall  be  entered  on 105 

a record,  in  law 106 

subject  to  examination 106 

direction  as  to  making  up 105 

either  House  may  notice  and  inspect  Journal  of  the  other 105-6 

how  it  may  be  amended 106 

King,  not  to  be  spoken  of  irreverently,  &c 43 

Largest  sum,  question  first  put 70 

Lie  on  table,  call  up  at  any  time,  matters  that 66 

Longest  time,  question  first  put 70 


176  INDEX. 

Majority  decides  on  ger.eral  questions 91 

Members  and  officers  of  one  House  not  amenable  to  the  other 43 

must  vote  when  question  is  put 90 

not  to  vote  unless  present  when  question  was  put 90 

Memorial — See  Petition. 

Messages  cannot  be  received  in  committee 32 

nature  of -..  101 

Executive,  to  be  made  to  both  Houses  at  the  same  time 102 

when  received . 101 

forms  in  receiving 101 

errors  in  their  delivery  may  be  corrected. 101 

bills  not  acted  on,  the  subjects  of 102 

Minority,  protected  by  adherence  to  Rules 13 

Mistakes — See  Errors. 

Motion,  not  to  be  put  or  debated  until  seconded 48 

to  be  put  in  writing,  if  desired 48 

to  be  read  for  information 48 

to  adjourn,  not  in  order  when  a member  has  the  floor 48 

privileged,  what-shall  be 68 

removed  from  before  House  by  adjournment,  &c 82 

See  Questions. 

Newspaper  publications,  defamatory,  breach  of  privilege 17 

Officers,  of  either  House,  forms  of  nomination  or  election 28 

of  one  House  not  amenable  to  the  other 43 

Onslow,  Mr.,  his  opinion  of  importance  of  Rules 13 

Order  violated  by  Speaker,  by  not  putting  question 21 

“ instances  make”  order 37 

respecting  papers — See  Papers 37 

in  debate — See  Debate  ... 38 

questions  of,  may  be  adjourned . 44 

decision  of  the  Speaker  on  points  of,  may  be  controlled  45 

a member  may  insist  on  the  execution  of  a subsisting 45 

Committees  of  the  Whole  cannot  punish  breach  of 60 

if  point  arise  while  question  is  putting,  Speaker  to  decide  promptly  91 

of  business,  propriety  of 35 

for  the  Senate : 35 

of  the  day,  how,  and  when  to  be  called  up 46 

may  be  discharged  at  any  time : 46 

cannot  be  moved  while  member  is  speaking 48 

take  precedence  of  all  questions  64 

of  the  House,  determined  with  the  session 46 

question  of,  to  supersede  a question  depending 71 

and.  Resolution,  distinction  between 49 

special,  rules  upon  subject  of .. 46-65 

Opposition  to  Bill,  proper  time  to  make 61-86 

Papers  and  Journals,  not  to  be  removed  from  clerk’s  table 37 

rules  respecting  their  preservation 37 


Jefferson’s  manual.  177 

Papers  and  Journals , rules  respecting  their  preservation 37 

reading  of,  how  far  they  may  be  called  for 62 

referred,  usually  read  by  title 63 

to  be  left  with  conferees  of  the  House  acceding  to  conference  99 
Parliament , each  House  of  may  adjourn  independently  of  the  other. . . . - 106 

Petition  and  Remonstrance,  distinction 47 

to  be  presented  by  a member,  its  form,  &c. . 47 

to  be  subscribed  or  written  by  petitioner  ...  47 

must  go  to  committee  through  the  House. ..  30 

question  as  to  receiving 47 

Postpone  indefinitely,  effect  of  a question  to 65 

beyond  session,  effect  of  • ■ • •, 64 

Preamble,  last  considered 55 

President  of  the  Senate,  provided  by  the  Constitution 28 

may  appoint  chairman  28 

pro  tempore,  to  be  chosen  in  the  absence  of  the  Vice  President  128 

at  what  time  his  office  shall  determine 128 

of  the  United  States,  forms  in  presenting  bills  to 101-2 

Previous  Question,  its  intention  and  effect 72 

can  an  amendment  be  moved  to  M.  Q, 72 

cannot  be  put  in  committee 32 

effect  of 61-64 

discussed 67 

Priority  and  ) 

Precedence  of  \motio,ls'discussion  of’ ' 63,072 

Privilege  of  Parliament  has  gradually  increased 15 

of  members  of  Parliament 15-20 

of  Senators  and  Representatives 16-19 

of  Senators,  constructive  extent 18-20 

of  the  two  Houses,  cases  of  alleged  breach  of 18-19 

of  members  commence  by  virtue  of  election 19 

of  members  must  be  ascertained  at  the  peril  of  the  party  vio- 
lating   20 

of  members,  the  privilege  of  the  House 20 

a member  cannot  waive  breach  of 20 

is  violated  by  Speaker  not  putting  a question  which  is  in 

order 21 

of  one  House  in  relation  to  the  other,  or  in  relation  to  a co- 
ordinate branch  of  the  Government  22-43 

breach  of,  party  summoned,  or  sent  for 20 

breach  of,  by  members,  punishable  by  House  only 20 

breach  of,  by  the  King  or  Executive 22 

members  of  one  House  cannot  be  summoned  by  the  other. ...  34 

neither  House  can  exercise  authority  over  members  or  offi- 
cers of  the  other 43 

of  a member,  where  he  is  charged  or  interested,  &c 44 

question  of,  takes  precedence  of  all 71 

Privileged  Questions  — See  Questions. 

Qualification  of  Senators 23 

Quarrel , in  Committee  must  be  settled  in  House 42 


178  INDEX. 

Quarrel,  members  must  declare  they  will  not  prosecute 42 

question  of  privilege  arising  from,  has  precedence 71 

Questions , general  rule  for  putting 64-83 

the  priority  of  certain,  considered 64 

removed  from  before  House  by  adjournment 81 

may  be  debated  between  the  count  of  affirmative  and  negative  84 

manner  of  putting . . . 86 

must  not  speak,  or  move  about  when  putting 91 

must  be  decided  promptly,  if  difficulty  arise 91 

one  House  cannot  question  the  other 102 

privileged , what  shall  be 63-72 

in  filling  blanks 75-77 

in  references  to  committees 70 

in  amending  amendment,  and  agree  or  disagree. ...  97 

motion  to  amend  has  precedence  over  motion  to 

strike  out  71 

of  order , (incidental.)  how  far  it  shall  supersede  any  other 71 

division  of  how  made 79 

what  are  divisible 79 

when  divided,  each  point  open  to  debate  and  amend- 
ment   81 

(i co-existing ) what  suspends,  and  what  removes  from  the  House 

an  existing  question . . 81 

equivalent , what  is  considered 82 

determined  by  ayes  and  noes 89 

to  be  resumed  in  statu  quo , when  suspended  by  the  want  of  a 

quorum 89-92 

previous — See  Previous  Question. 

Quorum,  only  shall  do  business 26 

what  number  shall  be  a 26 

how  the  attendance  of,  may  be  compelled 26 

any  member  may  desire  a count,  for  the  purpose  of  ascertaining  26-46 
not  present  suspends  the  question 26-92 

Randall  and  Whitney , reference  to  case,  breach  of  privilege 17 

Reading  of  papers , right  to  require 62 

question  on.  first  put 71 

a speech , is  not  a right 63 

a report  of  one  House,  not  of  right  in  the  other  House 63 

Recede , question  discussed 82 

effect  of  a vote  to t 94-96 

Recommitment , effect  of. 57 

Reconsideration , of  bills,  orders,  instructions,  & c 92-95 

of  questions  requiring  two-thirds,  by  whom  they  may  be 

moved Ill 

Remonstrance  and  Petition , distinction -••••- 47 

Report  of  Committee , how  to  proceed  in  House 58 

of  one  House , not  to  be  read  in  the  other * 63 

Representatives , apportionment  of,  since  1789  25 

qualifications  of 23-2 


JEFFERSON’S  MANUAL.  179 

Representatives,  House' of,  of  whom  composed 23 

shall  choose  their  Speaker  and  other  officers.  28 

powers  of,  in  relation  to  its  rules,  and  the 

conduct  of  members 37 

Resolution  and  order,  distinction 49 

to  pay  money,,  in  order 49 

when  to  be  presented  for  approval 104 

Riders,  amend  engrossed  bills  by 82-86 

Rules,  an  adherence  to,  important 13 

Rules  and  orders  of  each  House,  to  what  cases  they  shall  apply 46 

Sections,  numbered  by  clerk 79 

Senate,  of  whom  composed,  and  how  classed 23 

the  Vice-President  to  be  the  President 28 

shall  choose  their  officers,  &c 28 

power  of,  in  relation  to  rules,  and  the  conduct  of  members 37 

equal  division  to  be  determined  by  the  vote  of  the  Vice-Presi- 
dent   87-89 

adjournment  of. — See  Adjournment 104-105 

session  of,  what  constitutes 107 

Session , what  constitutes 107 

Speaker,  manner  of  choosing . . . - 20-28 

absence  of,  from  sickness,  another  chosen 20-28 

violates  order  by  not  putting  question 28 

Clerk  puts  question,  before  election  of. 28 

may  be  removed  at  will  of  the  House ...  29 

not  to  speak  unless  to  order 40 

reads  sitting,  rises  to  put  question 39 

cannot  revise  an  amendment,  inconsistent 75 

to  decide  point  of  order  that  arises  in  putting  question, 

promptly,  and  may  ask  advice  of  old  members 91 

Special  orders. — See  Orders. 

Speech,  cannot  be  read  of  right 63 

Strike  out,  paragraph  may  be  perfected  before  question  to 75 

Strike  out  and  Insert,  discussed  75  to  77 

Sum,  largest,  first  put 70 

Tellers,  to  count  sides  of  questions 89 

their  errors  rectified  89 

Time,  longest,  first  put 70 

Title,  to  be  on  back 62 

when  to  be  made  or  amended 92 

Transposing  of  sections,  rule  respecting 78 

Trcascm,  inode  of  proceeding  on  charge  of 21 

Treaties  may  be  made  by  the  President  and  Senate 109-10 

shall  be  kept  secret  until  injunction  removed. . - 109 

are  legislative  acts 109 

extent  of  the  power  to  make no 

may  be  rescinded  by  an  act  of  the  Legislatute Ill 

papers  to  be  communicated  with Ill 

ratified  by  nominal  call m 


180  INDEX. 

7'reaties  read  for  information , the  day  received ]J1 

read  for  consideration  on  subsequent  day 1X1 

proceedings  upon m 

reconsideration  of  votes  upon,  may  be  moved  by  one  of  the 
side  prevailing 112 

Vote,  cannot,  till  sworn 20 

every  member  must  90 

must  not  vote,  if  not  present-. . 90 

change  of 92 

Warm  words,  or  quarrel,  adjustment  of. - 32-41-71 

Whitney  and  Randall,  bribery  case,  reference  to 17 

Withdraw,  members  cannot,  when  question  is  putting 90 

Withdraw  motions,  rule  of  parliament 72 

Witnesses,  how  summoned,  examined,  &c 33 

Yeas  and  Nays,  may  be  required  by  one-fifth 86-90 

to  be  taken  alphabetically 87-90 

all  present  shall  vote  unless  excused 87-90 

when  called  and  decision  announced  no  member  al- 
lowed to  vote 87-90 

how  questions  are  determined  by 89 

no  member  to  vote  unless  present.  90 


» 


INDEX 

TO  THE 

RULES  OF  THE  SENATE. 

[The  first  column  of  figures  refers  to  the  number  of  the  rule , the  second  to  the  page 
on  which  the  rule  will  be  found .] 

Absence , from  the  Senate,  not  allowed  without  leave 8 122 

without  leave,  in  cases  of,  the  sergeant-at-arms  may  be  sent . . 8 122 

Address  to  the  President , how  to  be  presented  (joint  rule)  11  167 

Adhere , effect  of  a vote  in  the  two  Houses  to  (joint  rule) 15  167 

Adjournment , motion  for,  has  precedence - 11  122 

Admission , on  the  floor,  the  persons  entitled  to 47  130 

Amendments  to  a resolution  to  amend  the  Constitution,  carrried  by  a 

majority 43  130 

to  bills  on  which  the  two  Houses  disagree,  conference  upon 

(joint  rule) 1 165 

Appeal  allowed  from  the  decision  of  the  President 6 121 

Bills  may  be  introduced  upon  one  day’s  notice 25  125 

shall  be  read  twice  before  amendment  or  reference 27  125 

reported,  shall  be  printed 25  125 

shall  receive  three  readings  on  different  days  26  125 

on  second  reading,  considered  as  in  Committee  of  the  Whole 28  125 

proceedings  on,  at  different  stages 29  126 

titles  of,  only,  and  parts  affected  by  amendments,  inserted  on  the 

journal  . . 31  126 

engrossed,  how  examined,  reported,  and  entered 33  126 

on  their  passage  to  be  on  paper  (joint  rule) 5 165 

to  be  enrolled  on  parchment  after  passing  the  two  Houses  (joint 

rule) 6 166 

See  Engrossed  Bills. 

passed  one  House  and  lost  in  the  other , notice  to  be  given  of  (joint 

rule) 12  167 

passed  one  House  and  lost  in  the  other , how  they  may  be  renewed 

(joint  rule)  13  167 

when  sent  from  one  House  to  the  other , to  be  accompanied  by  the 

papers  on  which  they  are  founded  (joint  rule) 14  167 

not  to  be  sent  from  one  House  to  the  other  for  concurrence  on  the 

last  three  days  of  the  session  (joint  rule) 16  167 

not  to  be  presented  to  the  President  on  the  last  day  of  a session 

(joint  rule) 17  167 

joint  rule  relative  to  printing  of 18  167 

Blanks , in  filling,  what  motions  have  preference 13  123 

Business,  unfinished,  has  preference 15  123 

(181) 


182 


INDEX  TO  THE 


Capitol , no  spirits  to  be  brought  within  or  about  (joint  rule) 19  167 

Chair  to  be  addressed 3 121 

Character  of  persons  nominated  to  be  kept  secret 39  129 

Commit,  motion  to,  in  order  at  any  time  before  final  passage 29  126 

Committee  on  Enrolled  Bills , appointed,  and  duties  of  (joint  rule) 7 166 

Committees,  standing 33  126 

how  appointed 34  127 

on  enrolled  bills,  (joint  rule) 7 166 

reports  from  standing,  when  received 24  124 

reports  of,  to  lie  one  day 26  125 

Communications,  confidential,  to  be  kept  secret 38  129 

Conference  on  disagreeing  votes  of  the  two  Houses,  rule  respecting  (joint 

rule) 1 165 

Consent,  bills  may  be  read  three  times  in  a day,  by  unanimous 26  125 

nominations  may  be  considered  on  the  day  received,  by  unani- 
mous   36  128 

Constitution,  what  majority  requisite  to  amend  a resolution  proposing 

amendments  to  the. . . 43  130 

Conversation  among  the  members,  not  allowed  during  the  debate,  or 

while  papers  are  reading 2 121 

Debate , no  member  to  speak  more  than  twice,  in  the  same,  in  one  day, 

without  leave 4 121 

not  allowed  on  a call  to  order . ; -. ...  6 121 

prohibited  on  a motion  to  adjourn 11  122 

not  allowed  on  a call  for  reading  papers . . 14  123 

not  allowed  in  taking  yeas  and  nays 16  123 

Documents , to  be  printed  only  by  special  order < 25  125 

Enrolled  Bills,  to  be  examined  by  the  committee,  (joint  rule) 7 166 

provision  for  the  appointment  of  the  committee  on  (joint  rule)  7 166 

to  be  signed  by  the  presiding  officers  of  the  two  Houses,  (joint 

rule) 8 166 

how  to  be  presented  to  the  President,  and  the  time  to  be  noted 

(joint  rule) 9 166 

not  to  be  presented  to  the  President  on  last  day  of  session  (joint 

rule) 17  167 

Executive  record,  extracts  from,  prohibited 42  129 

Executive  proceedings,  to  be  kept  in  separate  books 41  129 

Floor  of  Senate,  reporters  placed  on 47  130 

the  persons  entitled  to  admission  on 47  130 

Galleries , when  they  shall  be  cleared .< 18  123 

Journal,  to  be  read  on  a quorum  assembling 1 121 

to  contain  the  titles,  only,  of  bills,  and  the  parts  affected  by 

proposed  amendments 31  126 

every  vote  to  be  entered  on 32  126 

a brief  statement  of  every  memorial,  petition,  and  paper,  to  be 

entered  on  32  126 

to  be  as  concise  as  possible,  when  acting  as  in  Committee  of 

the  Whole  32  126 

engrossed  bills  to  be  entered  on  32  129 


RULES  OF  THE  SENATE.  183 

Leave  to  bring  in  a bill,  one  day’s  notice  of  motion  for,  required 25  125 

Members,  prohibited  from  speaking  to  each  other  during  debate 2 121 

present,  not  a quorum,  empowered  to  send  for  absent  members  8 122 

shall  express  assent  or  dissent  by  ay  or  no 22  124 

Member , when  he  speaks,  shall  address  the  chair 3 121 

first  rising  and  addressing  the  chair,  shall  speak  first 5 121 

called  to  order  by  President  or  Senator,  shall  sit  down 6 121 

words  of,  shall  be  taken  down,  when  called  to  order  by  a Sen- 
ator..... 7 122 

shall  not  absent  himself  without  leave ..  8 122 

any,  may  desire  a motion  to  be  reduced  to  writing 10  122 

may  have  a question  divided,  if  susceptible  of  division 12  122 

required  to  vote  when  yeas  aud  nays  are  called 16  123 

not  allowed  to  vote  after  decision  is  announced 17  123 

Memorial  or  petition,  contents  of,  shall  be  stated  before  received  and  read  24  124 

when  received 24  124 

how  referred ' 24  124 

contents  of.  to  be  entered  on  the  journal 32  126 

Messages  between  the  two  Houses , how  to  be  announced  and  delivered 

(joint  rule) 2-3  165 

by  whom  to  be  sent  (joint  rule) 4 165 

Messengers,  when  introduced 46  130 

Motion,  not  to  be  debated  until  seconded 9 122 

made  and  seconded,  shall,  if  desired,  be  reduced  to  writing 10  122 

to  be  read  before  debated 10  122 

to  adjourn,  has  preference 11  122 

to  adjourn,  to  be  decided  without  debate 11  122 

privileged,  what  shall  be,  when  a subject  is  under  debate 11  122 

privileged,  in  filling  blanks 13  123 

privileged,  in  reference  to  select  or  standing  committees 35  128 

to  close  the  galleries,  shall  be  discussed  confidentially 18  123 

to  admit  persons  for  the  purpose  of  presenting  memorial,  not  in 

order 19  123 

to  reconsider,  when  and  by  whom  may  be  made 44  130 

Newspapers,  not  to  be  read  while  a member  is  speaking 2 121 

Nominations,  not  to  be  considered  on  the  day  received,  unless  by  con- 
sent...  36  128 

Notice  of  one  day  required  of  an  intended  motion  for  leave  to  bring  in 

a bill 25  125 

Orders  of  the  day,  special,  not  called  before  1 o’clock 30  126 

special,  unfinished  business  has  preference  in 15  123 

Order,  upon  a call  to,  the  member  shall  sit  down 6 121 

questions  of,  to  be  decided  without  debate 6 121 

appeals  on  questions  of,  may  be  made  from  the  President’s 

decision 6 121 

on  questions  of,  the  President  may  require  the  sense  of  the 
Senate .. 6 121 


184  INDEX  TO  THE  , 

Order,  upon  a call  to,  by  a Senator,  for  words  spoken,  the  exception- 
able words  shall  be  taken  down 7 J22 

Papers  and  Documents  not  to  be  printed  without  special  order 25  125 

Persons  not  admitted  to  present  a memorial,  &c 19  123 

entitled  to  admission  on  the  floor,  the 47  130 

Petition,  before  received,  contents  of,  to  be  stated. . 24  124 

when  received 24  124 

how  referred 24  124 

contents  of  those  presented  to  be  entered  on  the  journal 32  126 

President  to  be  first  addressed  by  the  speaker 3 121 

to  decide  when  two  or  more  rise  at  the  same  time  to  speak.. . 5 121 

to  decide  questions  of  order 6 121 

may  call  for  the  sense  of  the  Senate  on  a question  of  order  . . 6 121 

may  desire  a motion  to  he  reduced  to  writing. 10  122 

to  decide  on  an  equal  division 21  124 

decision  of,  on  an  equal  division,  to  be  taken  by  the  secretary  21  124 

shall  put  all  questions 22  124 

may,  for  a limited  time,  name  a member  to  perform  the  duties 

of  the  chair 23  134 

may  appoint  a chairman,  while  the  Senate  are  acting  as  in 

committee  of  the  whole ..  28  125 

to  give  notice  of  the  several  readings  of  bills 26  125 

to  have  the  regulation  of  the  parts  of  the  Capitol  appropri- 
ated to  the  Senate 48  131 

President  of  the  U.  S.  manner  of  presenting  bills  and  resolutions  to  the 

(joint  rule) 9 166 

manner  of  presenting  joint  addresses  to  the  (joint  rule) 11  167 

no  bill  or  resolution  to  be  presented  on  the  last  day  of  the  ses- 
sion to  the  (joint  rule) 17  167 

to  be  assigned  the  President's  chair  when  attending  the  de- 
liberations of  the  Senate 36  128 

Printing  of  tills,  joint  rule  relating  to 18  123 

Question  under  debate,  when,  and  by  what  motions  superseded 11  122 

may  be  divided  12  122 

final,  on  second  reading. 29  126 

to  be  decided,  by  ay  or  no 22  124 

to  be  put  by  the  President  of  the  Senate 22  124 

on  amending  the  constitution,  short  of  the  main  question,  to 

be  determined  by  a majority. 43  130 

Quorum,  proceedings  when  a less  number  shall  have  assembled 8 122 

Reading  newspapers  prohibited  while  the  Senate  are  in  session 2 121 

of  a paper  called  for,  and  objected  to,  to  he  decided  by  the  Se- 
nate  14  123 

Reconsideration,  motion  for,  may  be  made  by  one  of  the  majority 20  124 

or  by  a member  of  the  side  that  prevailed -. 44  130 

motion  for,  must  be  made  within  two  days  after  vote. . 20  124 

motion  for,  must  be  made  before  the  subject  matter  is 
out  of  possession  of  Senate 20  124 


RULES  OF  THE  SENATE, 


185 

Reconsideration  of  a question  requiring  the  affirmative  vote  of  two- 

thirds,  to  be  determined  by  a majority 44  130 

Record,  Executive,  extracts  from,  prohibited 42  129 

Reference  of  petitions,  &cl,  how  made . ..  24  124 

Reports  of  standing  committees,  when  received 24  124 

of  committees,  to  lie  one  day 26  125 

Reporters  placed  on  the  floor 47  130 

Resolutions,  requiring  approbation  of  the  President  to  amend  constitu- 
tion, and  grant  money,  to  be  treated  as  bills 26  125 

other,  to  lie  one  day 26  125 

on  third  reading,  amended  only  by  consent. 29  124 

engrossed,  recommitted,  and  reported,  to  be  again  read  a 

second  time 29  126 

orders,  votes,  &c.,  requiring  the  President’s  approbation, 
shall  be  signed  and  presented  as  in  case  of  bills  (See  Bills) 

(joint  rule) 10  122 

passed  one  House  and  lost  in  the  other,  notice  to  be  given 

(joint  rule) 12  122 

not  to  be  presented  to  the  President  on  last  day  of  the  ses- 
sion (joint  rule) 17  123 

Secrecy,  enjoined  on  confidential  communications 38  129 

enjoined  on  remarks  on  persons  nominated 39  129 

enjoined  on  treaties 38  129 

Secretary  to  endorse  bills  passed,  &c 45  130 

to  take  the  decision  of  the  Vice-President  when  the  Senate  is 

equally  divided 21  124 

to  receive  from  committee,  and  enter  engrossed  bills 33  126 

to  furnish  the  President  with  transcripts  of  executive  journal  42  129 

reporters  on  the  floor  under  direction  of  the 47  130 

to  be  chosen  on  second  Monday  of  first  session  of  every  Con- 
gress   49  131 

to  attend  and  take  minutes  when  Senate  is  convened  to  any 

other  place. 36  128 

to  make  returns  on  nominations,  from  day  to  day  42  129 

to  return  or  deliver  no  paper,  except  original  treaties,  without 

order  of  Senate 42  129 

to  furnish  no  extract  from  executive  journal  without  special 

order 42  129 

to  convey  messages  to  House  of  Representatives 45  130 

Senate,  proceedings  of,  when  a number  less  than  a quorum  shall  have 

assembled 8 122 

proceedings  of,  in  quasi  committee  to  he  entered  concisely 32  126 

ceremonial  proceedings  when  met  by  the  President  of  the  United 

States  at  any  other  place  than  the  Senate  Chamber 36  128 

r 36  128 

\ 37  128 

relating  to  the  executive  proceedings  of \ 38  129 

/ 39  129 

V 40  129 


186 


RULES  OF  THE  SENATE. 


Senate,  who  shall  be  admitted  when  engaged  in  Executive  or  confidential 

business 40  139 

the  proceedings  of,  to  be  recorded  separately 41  129 

transcripts  and  extracts  from  Executive  records,  in  what  cases 

furnished 42  129 

votes  of,  to  be  entered  on  journal 32  126 

contents  of  memorials  and  petitions  presented  to,  to  be  entered 

on  the  journal 32  126 

shall  be  cleared  of  all  persons  except  their  ofiicers,  when  acting 

on  Executive  business  40  129 

Executive  proceedings  of,  to  be  recorded  separately  from  the  Le- 
gislative  41  129 

officers  of,  when  they  shall  be  elected 49  131 

messages  to  and  from  (joint  rules) 2-3  165 

Speaking,  among  the  members,  prohibited  during  debate 2 121 

more  than  twice  in  one  day  on  the  same  subject,  prohibited. . 4 121 

Spirits,  not  to  be  brought  within  or  about  the  Capitol  (joint  rule) 19  167 

Time,  longest,  first  put 13  123 

Treaties,  proceedings  on  37  128 

to  be  kept  secret,  until  injunction  be  removed 38  129 

Unfinished  business,  has  preference  in  special  orders 15  123 

Vice-President,  or  President  pro-tempore,  may  appoint  a chairman 23  124 

Vote,  every,  to  be  entered  on  the  journal 32  126 

no  member  allowed  to,  after  decision  is  announced 17  123 

Words,  exceptionable,  shall  be  taken  down,  when  a call  to  order  is  made 

by  a Senator... 7 122 

Teas  and  nays,  to  be  called  alphabetically 16  123 

may  be  required  by  one-fifth 16  123 

to  be  taken  without  debate 16  123 

after  being  taken,  no  member  allowed  to  enter  his  vote. . 17  123 


iNDEX 


TO 

THE  RULES  AND  ORDERS 

OF 

THE  HOUSE  OF  REPRESENTATIVES, 

AND  TO 

THE  JOINT  RULES. 

Abolition  petitions , rule  respecting  21  139 

Absent  members , their  attendance  may  be  compelled  by  fifteen  members  57  147 

Absent , no  member  allowed  to  be,  unless  on  leave 60  147 

Absentees  at  a call,  proceedings  against 61,  62  147 

Acts  and  Addresses,  signed  by  the  Speaker 13  137 

Address  to  the  President , how  to  be  presented  ( joint  rule) . . . . 12  167 

Adhere,  effect  of  a vote  in  the  two  Houses  to  (joint  rule) 15  167 

Adjourn , motion  to,  always  in  order,  but  not  to  be  debated 43  144 

hour  to  be  entered 44  144 

Amend , order  of  motion  to 41  143 

Amendment  not  to  be  admitted,  if  on  a subject  different  from  that  under 

consideration 50  145 

Amendments  to  engrossed  bills,  by  way  of  rider,  not  permitted 115  159 

to  engrossed  bills,  to  be  kept  on  separate  paper 119  159 

to  original  motions,  in  Committee  of  the  Whole 120  160 

to  bills  and  resolutions,  cannot  be  made  by  adding  other 

bills  or  resolutions 50  145 

to  rules,  proposition  of - 127  161 

to  reports  in  Committee  of  the  Whole 121  160 

to  bills  on  which  the  two  Houses  disagree,  conference  upon 

(joint  rule)  . 1 165 

of  Senate,  to  bills,  when  considered 24  140 

Appeals,  how  made  and  debated  2 135 

proceedings  in  case  of 30  142 

not  debated  on  previous  question  46  144 


(187) 


188 


INDEX, 


Appropriation  bills,  to  be  reported  within  thirty  days 74  151 

to  have  preference  in  order  of  day 75  151 

appropriations  not  authorized  by  law,  not  to  be  made  76  151 

Appropriation  for  treaties  not  to  be  included  in  bills  making  appropria- 
tion for  other  objects 73  150 

Appropriations  to  be  first  discussed  in  Committee  of  the  Whole 125  160 

Ballot  for  committees. . . . - 7 136 

in  other  cases 8 136 

Ballots , blank,  not  counted 8 136 

no  person  to  look  on  when  tellers  are  counting  34  142 

Bar , no  member  to  vote  unless  within  the 37,  38  143 

Bills  on  the  table , when  to  be  taken  up  and  disposed  of 24  140 

private , to  have  precedence  on  Fridays  and  Saturdays 26  141 

to  be  called  over  on  first  and  fourth  Friday  of  every  month  — pre- 
ference to  those  not  objected  to 27  141 

rejected,  if  enacting  words  be  stricken  out  41  143 

cannot  be  amended  by  adding  other  bills 50  145 

proceedings  on  leave  to  introduce 108  153 

how  to  be  introduced,  or  reported 108  158 

making  appropriations , to  he  reported  within  30  days 74  151 

to  have  preference  in  order 75  151 

appropriations  not  authorized  by  law  ex- 
cluded   76  151 

to  be  first  discussed  in  Committee  of  the 

* Whole 125  160 

the  several  readings  of 109  158 

if  opposed  on  first  reading,  question  to  reject  to  be  put,  &c 110  158 

how  to  be  disposed  of  on  second  reading  Ill  158 

not  more  than  three  to  be  committed  to  the  same  Committee  of 

the  Whole  112  159 

may  be  recommitted  at  any  time  before  passage 113  159 

to  be  engrossed  in  a fair  round  hand 114  159 

amendments  of  Senate,  when  considered 24  140 

engrossed,  when  to  be  read  a third  time 24  140 

from  the  Senate,  when  to  be  read  and  disposed  of 24  140 

not  to  be  amended  on  third  reading  by  rider 115  159 

when  passed  to  be  certified  by  the  clerk 116  159 

[in  Committee  of  the  Whole]  how  to  be  taken  up;  not  to  be  in- 
terlined ; amendments  to,  how  to  be  kept  and  reported;  and, 

after  report,  may  be  again  debated  and  amended J19  159 

on  their  passage  to  be  on  paper  (joint  rule) 5 165 

to  be  enrolled  on  parchment  after  passing  the  two  Houses  (joint 

rule). . - • 6 166 

(See  Engrossed  Bills ) 

passed  one  House  and  lost  in  the  other , notice  to  be  given  of  (joint 

rule 12  167 

passed  one  House  and  lost  in  th6  other , how  they  may  be  renewed 

(joint  rule) 13  167 


RULES  OP  THE  HOUSE  AND  JOINT  RULES.  189 

Bills, when  sent  from  one  House  to  the  other,  to  be  accompanied  by  the 

papers  on  which  they  are  founded  (joint  rule) 14  167 

not  to  be  sent  from  one  House  to  the  other  for  concurrence  on  the 

last  three  days  of  the  session  (joint  rule)  16  157 

not  to  be  presented  to  the  President  on  the  last  day  of  a session 

(joint  rule) 17  167 

joint  rule  relative  to  printing  of 18  167 

Blanks,  rule  respecting  the  filling  of 122  160 

Blank  ballots,  not  to  be  counted  8 136 

Business,  unfinished  at  first  to  be  resumed  at  second  session  of  Congress  17  138 

daily  order-of 20,  22,  23,  24, 139-40 

order  of,  changed  or  postponed  127  171 

no  debate  on  priority  of 107  158 

Business  on  the  table,  when  to  be  taken  up  and  disposed  of 20  139 

Business  on  the  Speaker's  table,  mode  of  disposing  of  24  140 

list  to  be  made  of 135  162 

private  to  have  preference  on  Fridays  and  Saturdays 26  141 

to  be  called  over  on  the  first  and  fourth  Fridays  in 
every  month,  and  preference  given  to  matters  not 
objected  to 27  141 

Calls  on  Departments  for  information,  rule  relating  to  55  146 

Call  of  the  House,  names  called  alphabetically 58  147 

rules  relative  to  a 45,  57,  58, 144-47 

Capitol,  unappropriated  rooms  in 138  162 

no  spirits  to  be  brought  within  or  about,  (joint  rule)  19  167 

Chair,  Speaker  may  substitute  a member  to  take  the  6 136 

Clerk  to  cause  resolutions  to  be  delivered  to  the  President,  &c 56  146 

to  take  an  oath  to  act  faithfully,  and  tenure  of  appointment,  &c.  18  138 

to  make  a list  of  reports  to  be  made  by  public  officers  to  Congress  103  157 

to  forward  the  Journals  to  the  Governors  of  the  States 104  157 

to  make  weekly  a list  of  business  on  Speaker’s  table 135  162 

to  cause  Journal  to  be  completed  and  distributed 132  161 

to  furnish  members  with  bound  documents 134  162 

to  cause  the  laws  to  be  indexed 136  162 

to  note  questions  of  order 105  157 

to  attest  legal  acts  signed  by  the  Speaker 12  137 

to  retain  certain  books  in  the  office  library  133  161 

to  provide  for  the  care  and  preservation  of  the  public  stable 137  162 

Clerks  to  Committees,  House  must  order  employment  of  140  162 

Commit  or  amend,  order  of  motions  to 41  143 

Committees,  bow  to  be  appointed - 7 136 

order  in  which  they  shall  be  called  for  reports 22  139 

a member  may,  in  a certain  case,  be  excused  from  serving 

on  59  147 

precedence  of,  in  motions  for  reference 42  144 

appointment  of  standing 71  149 


190 


INDEX, 


Committees,  duties  of,  viz : of  Elections 72  149 

of  Ways  and  Means 73,  74  150-51 

of  Claims 77  J51 

on  Commerce , 78  151 

on  Public  Lands 79  152 

on  the  Post-Office  and  Post  Roads 80  152 

for  the  District  of  Columbia  81  152 

on  the  Judiciary 82  152 

on  Revolutionary  Claims 83  152 

on  Public  Expenditures  84  153 

on  Private  Land  Claims 85  153 

on  Military  Affairs - 86  153 

on  the  Militia  .. 87  153 

on  Naval  Affairs  88  153 

on  Foreign  Affairs _...  89  154 

on  the  Territories 90  154 

on  Revolutionary  Pensions  91  154 

on  Invalid  Pensions  ... . 92  154 

on  Roads  and  Canals 93  154 

on  Patents 94  154 

on  Public  Buildings 95  155 

on  Revisal  and  Unfinished  Business 96  155 

of  Accounts 97  155 

on  Mileage 98  155 

Committees  on  Expenditures,  appointment  and  duties  of  the  six  . . 99,  100  155-56 

Committees,  Standing,  may  report  by  bill  101  157 

not  to  sit  during  session  of  House 102  157 

not  to  employ  clerks 140  162 

Committee  of  the  Whole  on  the  Union,  a standing  order  of  the  day 117  159 

Committee  of  the  Whole,  how  formed 118  159 

how  to  proceed  in  cases  of  bills  119  159 

how  to  report  amendments  to  original  motions.  120  160 

how  to  report  amendments  to  a report 121  160 

rules  of  the  House  to  be  observed  in 126  160 

must  first  entertain  all  motions  for  laying  or 

increasing  taxes 123,  124  160 

appropriations  must  be  first  discussed  in. . 125  160 

Committee  Clerks,  House  to  order  employment  of .-. 140  162 

Committee  on  Enrolled  Bills,  appointment  and  duties  of,  (joint  rule).. . 7 166 

to  report  at  any  time 128  161 

Commitment  of  motions  and  reports  to  be  at  the  pleasure  of  the  House  . 49  145 

when  different  committees  are  proposed,  their  order 42  144 

Conference  on  disagreeing  votes  of  the  two  Houses,  rule  respecting, 

(joint  rule) 1 165 

Confidential  communications  or  proceedings,  rules  upon 106  157 

Sergeant-at-arms  sworn  to  secrecy 67  148 

Doorkeeper  sworn  to  secrecy 69  149 

Consideration,  questions  of  5 136 

Conversation,  (private)  not  to  be  entertained  while  a member  is  speak- 

ing  34  142 


RULES  OF  THE  HOUSE  AND  JOINT  RULES. 


191 


Debate , provisions  for  the  preservation  of  order  and  decorum 

in  28,  29,  30  141-42 

on  appeals,  limited  nature  of 2 135 

on  appeals  in  calls  to  order,  prohibited 29  141 

prohibited  on  motions  to  adjourn j ^ 244 

prohibited  on  motion  to  lie  on  the  table ) 

prohibited  to  speak  more  than  once  or  twice 32  142 

prohibited  on  petitions  and  other  papers  on  day  of  presenta- 
tion   55  146 

prohibited  on  priority  of  business  107  158 

to  be  precluded  by  the  previous  question  46  144 

Departments , calls  for  information  from 56  146 

Division  of  questions,  when  and  how  they  may  be  allowed  48  145 

Division  of  the  House , how  made  and  decided  4 135 

Divine  service , not  to  be  performed  in  the  Hall,  unless  by  consent  of  the 

Speaker 130  161 

Disorder  of  the  gallery , remedy  for 13  137 

Documents , members  to  be  furnished  with  an  extra  set  134  162 

rule  respecting  printing  extra  numbers 56  146 

Doorkeepers , to  be  appointed,  and  tenure  of  office 68  148 

to  be  sworn  to  secrecy 69  148 

required  to  execute  rules  strictly ... .. 17  138 

Duties  or  taxes , rules  to  be  observed  respecting  the  imposition  or  in- 
crease of 123,  124  160 

Elections , how  to  be  conducted 8 136 

previous  nomination  necessary 10  137 

votes  to  be  viva  voce % 11  137 

Enacting  words , if  stricken  out,  to  be  considered  as  a rejection  of  a 

bill,  &c 41  143 

Engrossment  to  be  in  a fair  round  hand 114  159 

Engrossed  bills  not  to  be  amended  by  riders 115  159 

while  on  their  passage  between  the  two  Houses.  (See 
Bills.) 

Enrolled  Bills , committee  on,  may  report  at  any  time  128  161 

to  be  examined  by  the  committee  ) 

provision  for  the  appointment  of  > (joint  rule) 7 166 

the  committee  on  ) 

to  be  signed  by  the  presiding  officers  of  the  two  Houses 

(joint  rule)  8 166 

how  to  be  presented  to  the  President,  and  the  time  to  be 

noted  (joint  rule) 9 166 

not  to  be  presented  to  the  President  on  last  day  of  ses- 
sion (joint  rule) 17  167 

Executive  Departments , rules  to  be  observed  in  calling  for  information 

from  heads  of 56  146 

Executive  communications , when  to  be  read 24  140 

Excused  from  voting , rule  relating  to  being 36  143 

Excused  from  serving  on  a committee , a member  may  be 59  147 


192 


INDEX. 


Fees  in  cases  of  calls  of  the  House  62  147 

of  Sergeant-at-arms 66  143 

Galleries  may  be  cleared  in  case  of  disorder 13  137 

Hall  to  be  under  the  direction  of  the  Speaker 6 136 

persons  who  may  be  admitted  within  the  14  137 

this  rule  to  be  strictly  executed 17  133 

not  to  be  used  in  the  performance  of  Divine  service  unless  by  con- 
sent of  the  Speaker 130  161 

Hats  off  during  session  of  House .. . 34  142 

Heads  of  Departments,  calls  for  information  from 56  146 

Interested,  members  not  to  vote  when 35  142 

Indefinitely,  questions  not  to  be  resumed  which  are  postponed 47  145 

Information,  calls  on  the  President  and  Departments  for 56  146 

Insert  and  strike  out,  questions  indivisible 48  145 

Index  to  laics,  to  be  made 136  162 

Jefferson's  Manual  to  govern  in  certain  cases 129  161 

Joint  Resolutions,  or  propositions  requiring  the  consent  of  the  Senate, 

to  be  laid  on  the  table  one  day 54  146 

signed  by  the  Speaker 12  137 

Journal,  reading  of 1 135 

to  be  examined  by  the  Speaker  6 136 

to  be  printed  and  distributed  within  thirty  days  after  the  ad- 
journment   132  161 

Laws,  to  be  signed  by  the  Speaker 12  137 

index  to  be  made  136  162 

Lie  on  the  table,  precedence  of  a motion  to 41  143 

no  debate  allowed  on  a motion  to  43  144 

Lie  on  the  table  one  day,  all  matters  requiring  the  concurrence  of  the 

Senate  to  54  146 

all  resolutions  calling  on  Executive  officers  for 

information  shall 56  146 

Library  of  Clerk's  office,  books  to  be  retained  133  161 

Lobby  may  be  cleared  in  cases  of  disorder 13  137 

Manual,  Jefferson's,  to  govern  in  certain  cases 129  161 

Memorials,  when  to  be  presented  20  139 

rules  to  be  observed  on  the  presentation  of 55  146 

Members,  not  to  vote,  when  interested 35  142 

to  be  furnished  with  extra  set  of  documents 134  162 

to  sit  uncovered 34  142 

their  names  to  be  called  alphabetically. 58  147 

to  be  paid  by  Sergeant-at-arms  65  148 


RULES  OF  THE  HOUSE  AND  JOINT  RULES, 


193 


Messages  between  the  two  Houses,  how  to  be  announced  and  delivered 


(joint  rule) 2,  3 165 

by  whom  to  be  sent  (joint  rule) 4 165 

Messages  from.  Senate,  when  considered 24  140 

Messages  from  President , when  read 24  140 

Mileage,  duty  of  committee  on  98  155 

Motions,  to  be  stated  by  the  Speaker,  or  read  by  the  clerk 38  143 

if  desired,  shall  be  reduced  to  writing 39  143 

when  to  be  considered  as  in  possession  of  the  House  40  143 

precedence  and  order  of  certain  41,  42  143-44 

may  be  committed  at  pleasure  49  145 

when  they  may  be  withdrawn 40  133 

Nominations,  cases  in  which  it  shall  be  necessary 10  137 

Order,  proceedings  in  cases  of  calls  to 29,  30  141-42 

Speaker  to  decide  questions  of 2 135 

Speaker  to  make  calls  to 29  141 

Clerk  to  note  questions  of 105  157 

questions  of,  arising  after  previous  questions,  no  debate 46  144 

Order  of  business,  of  the  session 19  138 

of  the  day  20,  22,  23,  24,  25  139-40-41 

postponed  or  changed 127  161 

Order  of  sailing,  for  petitions 20  139 

for  reports  of  committees 22  139 

Orders  of  the  day,  when  to  be  called 24  140 

may  be  moved  pending  consideration  or  discussion  of 

reports  and  resolutions 24  140 

unfinished  business  to  have  precedence  in 54  146 


Pay  of  members,  by  Sergeant-at-arms 65  148 

Petitions,  when  they  may  be  presented 20  139 

rules  to  be  observed  on  the  presentation  of 55  146 

rule  respecting  debate  on 55  146 

Personality  in  debate  to  be  avoided  28  141 

Postmaster-  General,  calls  for  information  from 56  146 

Postmaster  of  House,  to  be  appointed 70  148 

Postponed  indefinitely,  effect  of  question  which  is  47  145 

Postpone,  to  day  certain,  order  of  motion 41  143 

or  change  order  of  business  127  161 

Precedence  or  ) . „ 

„ , , ! to  be  decided  without  debate  107  158 

Priority  of  business  \ 

Precedence  of  motions 41,  42  143-44 

President,  rules  to  be  observed  in  calling  for  information  from  the 56  146 

manner  of  presenting  bills  and  resolutions  to  the  (joint 

rule)  9 166 

manner  of  presenting  joint  addresses  to  the  (joint  rule) 11  167 

no  bill  or  resolution  to  be  presented  on  the  last  day  of  the 
session  to  the  (joint  rule) 17  167 


194 


INDEX, 


Printing  of  Journals  to  be  completed  within  thirty  days  after  an  ad- 
journment   132  161 

Printing  of  bills,  joint  rule  relating  to  18  138 

Printing , motion  for  extra  numbers  to  lie  one  day 56  147 

Previous  question,  order  of  motion  for 41  143 

rules  relating  to  the  45,  46  144 

Private  business , to  have  preference  on  Fridays  and  Saturdays  26  141 

to  be  called  over  on  first  and  fourth  Friday  of  every 
month,  and  preference  given  to  that  not  objected  to  27  141 

Privileged  characters , to  come  within  the  hall,  named 14  137 

rules  respecting  to  be  strictly  executed  . . . 17  138 

Questions,  manner  of  putting  4 135 

decorum  to  be  observed  during  the  putting  of 34  142 

may  be  divided,  and  the  manner  of  dividing 48  145 

to  be  propounded  in  the  order  in  which  they  are  moved  ....  128  161 

Quorum , fifteen  members  may  compel  the  attendance  of  a 57  147 

Reading  a paper,  if  objected  to,  rule  respecting  the  52  146 

Reconsider,  rule  respecting  motions  to  51  145 

Reference , order  and  precedence  of  motions  of 42  144 

of  motions  to  be  at  the  pleasure  of  the  House 49  145 

Reporters , rules  respecting 15,  16  138 

Reports,  may  be  committed  at  pleasure  49  145 

Reports  of  Committees,  when  to  be  made  22  139 

Reports  to  be  made  to  Congress,  Clerk  to  make  a list  of 103  157 

Resolutions , when  they  may  be  submitted,  &c 22,  23  139-40 

only  one  at  a time 12  139 

every  alternate  Monday  set  aside  for 23  140 

those  giving  rise  to  debate  to  lie  over 23  140 

cannot  be  amended  by  adding  other  resolutions 50  145 

requiring  assent  of  the  Senate,  to  be  laid  on  the  table  one 

day  before  acting  on,  &c 54  14fi 

calling  on  Executive  officers  for  information  to  lie  one 

day 56  146 

orders,  votes,  &c.,  requiring  the  President's  approbation, 
shall  be  signed  and  presented  as  in  cases  of  bills  (see 

Bills)  (joint  rule) 10  166 

passed  one  House,  and  lost  in  the  other,  notice  to  be  given 

(joint  rule) 12  167 

not  to  be  presented  to  the  President  on  the  last  day  of  the 

session  (joint  rule) 17  167 

Riders,  engrossed  bills  not  to  be  amended  by 115  159 

Rooms,  Speaker  to  dispose  of  unappropriated  138  162 

Rules,  how  to  be  amended,  rescinded,  or  suspended 127  161 

Secrecy , rule  relating  to 106  157 

Sergeant-at-arms  sworn  to 67  148 

Doorkeeper  sworn  to 69  148 


RULES  OP  THE  HOUSE  AND  JOINT  RULES.  195 

Senate,  all  orders  to  be  laid  on  the  table  one  day,  which  require  the  as- 
sent of  the... • 54  146 

bills  and  resolutions,  when  to  be  read  .. . 24  140 

consider  messages  from  24  140 

messages  to  and  from  (joint  rules) 5,  6 165-66 

Sergeant-at-arms , to  be  appointed,  and  duties  of  the  63  147 

fees  of  the  66  148 

to  pay  members 65  148 

to  give  bond 66  148 

to  be  sworn  to  secrecy - 67  148 

Slavery  petitions,  rule  respecting  21  139 

Speaker,  to  take  the  chair  at  the  hour  of  meeting  ...  ........  ..........  1 135 

to  have  preference  in  speaking  to  order .. - . 2 135 

to  rise  to  put  a question 3 135 

to  decide  questions  of  order  2 135 

to  examine  the  Journal - 6 136 

to  have  direction  over  the  Hall ...... . ... 6 136 

to  appoint  committees  . 7 136 

to  name  member  who  is  to  speak . 31  142 

to  call  members  to  order 29  141 

to  have  direction  over  unappropriated  rooms  138  162 

may  substitute  a member  in  his  place 6 136 

cases  in  which  he  shall  or  may  vote 9 137 

to  sign  acts,  addresses,  writs,  subpoenas,  &c 12  137 

Divine  service  not  to  be  performed  in  the  Hall,  unless  by  con- 
sent of  the 130  161 

Speaker's  table,  mode  of  disposing  of  business  on  24  140 

Speaking , rules  to  be  observed  in  the  House 28,  29,  30,  31,  32,  33  141-42 

rules  to  be  observed  in  Committee  of  the  Whole 126  160 

private  discourse  not  to  be  entertained,  nor  is  any  person  to 

pass  between  the  chair  and  a member  who  is 34  142 

Speak,  Speaker  to  designate  the  member  who  is  first  to 31  142 

no  member  to  speak  more  than  once  or  twice  32  142 

Spirits , not  to  be  brought  within  or  about  the  Capitol  (joint  rule) 19  167 

Stables,  public.  Clerk  to  take  care  of 137  162 

Stenographers,  may  be  admitted  on  the  floor,  &c . ... 15  138 

further  regulations  for 16  138 

Strike  out  and  Insert,  rules  respecting  motions  to  48  145 

Substitute,  for  a proposition,  rule  respecting  a 50  145 

Summons,  to  be  signed  by  the  Speaker 12  137 

Taxes  or  duties,  respecting  the  imposition  of 123,  124  160 

Tellers,  may  be  appointed  to  count,  in  certain  cases  4 135 

Uncovered,  members  to  sit  34  142 

Unjmished  business,  to  have  precedence,  &c.  53  146 


196  INDEX. 

Vote,  no  member  to  vote  when  interested,  or  without  the  bar 35  142 

every  member  present  shall  vote,  unless  excused 37  143 

to  be  given  viva  voce 11  137 

Voting , manner  of 4 135 

who  are  to  be  excluded  from 35,  36  142-43 

if  a member  requests  to  vote,  he  is  to  be  interrogated  by 

Speaker -. 35  142 

Viva  voce , elections  to  be  by 11  137 

Witnesses,  how  to  be  subpffinaed 12  137 

rule  for  compensating  131  161 

Withdrawal  of  motions,  rule  respecting  the  40  143 

Writs,  subpoenas,  Sfc.  to  be  signed  by  the  Speaker,  &c.  12  137 

Writing,  motions  to  be  reduced  to,  if  desired  39  143 

Words  excepted  to,  to  be  reduced  to  writing 30  142 

Teas  and  Nays,  when  calling,  no  one  to  go  near  the  table 34  142 

to  be  taken  alphabetically 58  147 


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